AN ACT relating to
children; authorizing an employee of an agency which provides child welfare
services to provide maintenance and special services to certain children under
certain circumstances; and providing other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 432.030 is hereby amended to
read as follows:

432.030 [No]

1. Except
as otherwise provided in subsection 2, an employee of an agency
which provides child welfare services may , if otherwise qualified, provide maintenance
and special services [for any child except as otherwise provided by specific
statute or:

1. Upon
the request of a child whom the agency which provides child welfare services
determines to be emancipated;

2.] to any child other than a child who:

(a) Is
included as a client in the caseload of the employee at the time of the
provision of the maintenance or special services; or

(b) Has
been included as a client in the caseload of the employee within the 3 years
immediately preceding the provision of the maintenance or special services.

2. An
employee of an agency which provides child welfare services may provide
maintenance and special services to any child:

(a) Pursuant
to court order or request; or

[3.] (b) Upon referral of appropriate law
enforcement officials for emergency care.

AN ACT relating to
public health; prohibiting a person, under certain circumstances, from
requesting or requiring the consent or concurrence of any person to carry out
an anatomical gift made by the donor; and providing other matters properly
relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 451.523 is hereby amended to
read as follows:

451.523 Document of gift means a card, [a
statement imprinted on a drivers license or identification card, a will,]statement, will or
other writing used to make an anatomical gift.

Sec. 2. NRS 451.555 is hereby amended to read as
follows:

451.555 1. Any person may:

(a) Make an anatomical gift for any of the purposes
stated in subsection 1 of NRS 451.560;

(b) Limit an anatomical gift to one or more of those
purposes; or

(c) Refuse to make an anatomical gift.

2. Except as otherwise provided in this subsection and subsection
3, an anatomical gift may be made only by a document of gift signed by the
donor. If the donor:

(a) Cannot sign, the document of gift must be signed by
another person and by two witnesses, all of whom have signed at the direction
and in the presence of the donor and of each other and state that it has been
so signed.

(b) Is less than 18 years of age, the document of gift
must also be signed by two witnesses, one of whom is a parent or guardian of
the donor and consents to the donation, at the direction and in the presence of
the donor and of each other and state that it has been so signed.

3. [If]Except as otherwise provided in subsection 4, if the
donor is less than 12 years of age, the document of gift must be signed by a
parent or guardian of the donor, on behalf of the donor, and two witnesses at
the direction and in the presence of the parent or guardian and of each other
and state that it has been so signed. The document is not required to be signed
by the donor.

4. [If]A symbol or other indication that a document
of gift [is]has been executed by or on behalf of a donor may be imprinted
on [a]the donors drivers license or identification
card[,]if the document of gift [must comply]complies with
subsection 2. Revocation, suspension, expiration or cancellation of the license
or card does not invalidate the anatomical gift.

5. A document of gift may authorize a particular
physician to carry out the appropriate procedures. In the absence of such
authorization or if the designated physician is not available, the donee or
other person authorized to accept the anatomical gift may
employ or authorize any physician, technician or enucleator to carry out the
appropriate procedures.

accept the anatomical gift may employ or authorize any
physician, technician or enucleator to carry out the appropriate procedures.

6. An anatomical gift by will takes effect upon the
death of the testator, whether or not the will is probated. If, after death,
the will is declared invalid for testamentary purposes, the validity of the
anatomical gift is unaffected.

7. Except as otherwise provided in subsections 8 and
9, a donor may amend or revoke an anatomical gift, not made by will, only by:

(a) A signed statement;

(b) An oral statement made in the presence of two
persons;

(c) Any form of communication during a terminal illness
or injury addressed to a physician; or

(d) The delivery of a signed statement to a specified
donee to whom a document of gift had been delivered.

8. Except as otherwise provided in subsection 9, a
donor who is less than 18 years of age may, with the consent of his parent or
guardian, amend or revoke an anatomical gift, not made by will, by:

(a) A signed statement;

(b) An oral statement made in the presence of two
persons;

(c) Any form of communication during a terminal illness
or injury addressed to a physician; or

(d) The delivery of a signed statement to a specified
donee to whom a document of gift had been delivered.

9. A donor who is less than 12 years of age may not
amend or revoke an anatomical gift. The parent or guardian who made the gift on
behalf of the donor may amend or revoke an anatomical gift, not made by will,
only by:

(a) A signed statement;

(b) An oral statement made in the presence of two
persons;

(c) Any form of communication during a terminal illness
or injury addressed to a physician; or

(d) The delivery of a signed statement to a specified
donee to whom a document of gift had been delivered.

10. The donor of an anatomical gift made by will may
amend or revoke the gift in the manner provided for amendment or revocation of
wills in chapter 133 of NRS or as provided in subsection 7, 8 or 9.

11. An anatomical gift that is not revoked by the
donor before death is irrevocable
.[and does not require the consent or concurrence of any person
after the donors death.] The intent of a donor to make an
anatomical gift, as evidenced by a document of gift, may not be revoked by any
member of the classes of persons set forth in subsection 1 of NRS 451.557.

12. An
anatomical gift that is not revoked by the donor before death does not require
the consent or concurrence of any person after the donors death. A hospital,
physician, coroner, local health officer, enucleator, technician or other
person who:

(a) Is
aware that a symbol or other indication that a document of gift has been executed
by or on behalf of a donor is imprinted on the donors drivers license or
identification card; or

(b) Acts
in accordance with the provisions of NRS 451.500 to 451.590, inclusive, or with
any other laws of the State of Nevada relating to anatomical gifts,

shall not
request or require the consent or concurrence of any person after the donors
death to carry out the anatomical gift.

13. A
person may refuse to make an anatomical gift of his body or part by:

(a) A writing signed in the same manner as a document
of gift;

(b) A statement imprinted on his drivers license or
identification card; or

(c) Any other writing used to identify him as refusing
to make an anatomical gift.

During a terminal illness or injury, the refusal may be an
oral statement or other form of communication.

[13.] 14. In the absence of contrary indications
by the donor, an anatomical gift of a part is neither a refusal to give other
parts nor a limitation on an anatomical gift under NRS 451.557.

[14.]15. In the absence of contrary indications by
the donor, a revocation or amendment of an anatomical gift is not a refusal to
make another anatomical gift. If the donor intends a revocation to be a refusal
to make an anatomical gift, he shall make the refusal pursuant to subsection [12.]13.

Sec.3.NRS 483.340 is hereby amended
to read as follows:

483.340 1. The Department shall, upon payment of the
required fee, issue to every qualified applicant a drivers license indicating
the type or class of vehicles the licensee may drive. The license must bear a
unique number assigned to the licensee pursuant to NRS 483.345, the licensees
social security number, if he has one, unless he requests that it not appear on
the license, the full name, date of birth, mailing address and a brief
description of the licensee, and a space upon which the licensee shall write
his usual signature in ink immediately upon receipt of the license. A license
is not valid until it has been so signed by the licensee.

2. The Department may issue a drivers license for
purposes of identification only for use by officers of local police and
sheriffs departments, agents of the Investigation Division of the Department
of Public Safety while engaged in special undercover investigations relating to
narcotics or prostitution or for other undercover investigations requiring the
establishment of a fictitious identity, federal agents while engaged in undercover
investigations, investigators employed by the Attorney General while engaged in
undercover investigations and agents of the State Gaming Control Board while
engaged in investigations pursuant to NRS 463.140. An application for such a
license must be made through the head of the police or sheriffs department,
the Chief of the Investigation Division of the Department of Public Safety, the
director of the appropriate federal agency, the Attorney General or the
Chairman of the State Gaming Control Board. Such a license is exempt from the
fees required by NRS 483.410. The Department, by regulation, shall provide for
the cancellation of any such drivers license upon the completion of the
special investigation for which it was issued.

3. Information pertaining to the issuance of a
drivers license pursuant to subsection 2 is confidential.

4. It is unlawful for any person to use a drivers
license issued pursuant to subsection 2 for any purpose other than the special
investigation for which it was issued.

5. At the time of the issuance or renewal of the
drivers license, the Department shall:

(a) Give the holder the opportunity to [indicate]have indicated on
his drivers license that he wishes to be a donor of all or part of his body
pursuant to NRS 451.500 to 451.590, inclusive, or [that he refuses]
to refuse to make an
anatomical gift of his body or part of his body;

(b) Give the holder the opportunity to indicate whether
he wishes to donate $1 or more to the Anatomical Gift Account created by NRS
460.150; and

(c) Provide to each holder who is interested in
becoming a donor information relating to anatomical gifts, including the
procedure for registration as a donor with The Living Bank International or its
successor organization.

6. If the holder wishes to make a donation to the
Anatomical Gift Account, the Department shall collect the donation and deposit
the money collected in the State Treasury for credit to the Anatomical Gift
Account.

7. The Department shall submit to The Living Bank
International, or its successor organization, information from the records of
the Department relating to persons who have drivers licenses that indicate the
intention of those persons to make an anatomical gift. The Department shall
adopt regulations to carry out the provisions of this subsection.

Sec.4.NRS 483.840 is hereby amended
to read as follows:

483.840 1. The form of the identification cards must
be similar to that of drivers licenses but distinguishable in color or
otherwise.

2. Identification cards do not authorize the operation
of any motor vehicles.

3. Identification cards must include the following
information concerning the holder:

(a) The name and sample signature of the holder.

(b) A unique identification number assigned to the
holder that is not based on the holders social security number.

(c) A personal description of the holder.

(d) The date of birth of the holder.

(e) The current address of the holder in this state.

(f ) A colored photograph of the holder.

4. The information required to be included on the
identification card pursuant to subsection 3 must be placed on the card in the
manner specified in subsection 1 of NRS 483.347.

5. At the time of the issuance of the identification
card, the Department shall:

(a) Give the holder the opportunity to [indicate]have indicated on
his identification card that he wishes to be a donor of all or part of his body
pursuant to NRS 451.500 to 451.590, inclusive, or [that he refuses]
to refuse to make an
anatomical gift of his body or part of his body;

(b) Give the holder the opportunity to indicate whether
he wishes to donate $1 or more to the Anatomical Gift Account created by NRS
460.150; and

(c) Provide to each holder who is interested in
becoming a donor information relating to anatomical gifts, including the
procedure for registration as a donor with The Living Bank International or its
successor organization.

6. If the holder wishes to make a donation to the
Anatomical Gift Account, the Department shall collect the donation and deposit
the money collected in the State Treasury for credit to the Anatomical Gift
Account.

7. The Department shall submit to The Living Bank
International, or its successor organization, information from the records of
the Department relating to persons who have identification cards issued by the
Department that indicate the intention of those persons to make an anatomical
gift. The Department shall adopt regulations to carry out the provisions of
this subsection.

8. As used in this section, photograph has the
meaning ascribed to it in NRS 483.125.

________

CHAPTER 157, AB 35

Assembly Bill No. 35Committee on Elections,
Procedures, and Ethics

CHAPTER 157

AN ACT relating to
the State Legislature; changing the membership of the Advisory Committee of the
Legislative Committee for Local Government Taxes and Finance; revising the
duties of the Legislative Committee; eliminating the subcommittee of the
Legislative Committee appointed to conduct a study of the cost to the counties
and incorporated cities in this state of maintaining highways, streets and
roads; and providing other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 218.53881 is hereby amended to
read as follows:

218.53881 1. There is hereby established a
Legislative Committee for Local Government Taxes and Finance consisting of:

(a) Two members appointed by the Majority Leader of the
Senate from the membership of the Senate Standing Committee on Government
Affairs during the immediately preceding session of the Legislature;

(b) Two members appointed by the Majority Leader of the
Senate from the membership of the Senate Standing Committee on Taxation during
the immediately preceding session of the Legislature;

(c) Two members appointed by the Speaker of the
Assembly from the membership of the Assembly Standing Committee on Government
Affairs during the immediately preceding session of the Legislature; and

(d) Two members appointed by the Speaker of the
Assembly from the membership of the Assembly Standing Committee on Taxation
during the immediately preceding session of the Legislature.

2. The Committee shall consult with an Advisory
Committee consisting of the Executive Director of the Department of Taxation
and 10 members who are representative of various geographical areas of the
State and are appointed for terms of 2 years commencing on July 1 of each
odd-numbered year as follows:

(a) One member of the Committee on Local Government
Finance created pursuant to NRS 354.105 appointed by the Nevada League of
Cities;

(b) One member of the Committee on Local Government
Finance created pursuant to NRS 354.105 appointed by the Nevada Association of
Counties;

(c) One member of the Committee on Local Government
Finance created pursuant to NRS 354.105 appointed by the Nevada School Trustees
Association;

(d) Three members involved in the government of a
county appointed by the Nevada Association of Counties;

(e) Three members involved in the government of an
incorporated city appointed by the Nevada League of Cities; and

(f) One member who [is a member of]represents a board
of trustees for a general improvement district appointed by the Legislative
Commission.

The members of the Advisory Committee are nonvoting members
of the Committee. When meeting as the Advisory Committee, the members shall
comply with the provisions of chapter 241 of NRS.

3. The legislative members of the Committee shall
elect a Chairman from one house of the Legislature and a Vice Chairman from the
other house. Each Chairman and Vice Chairman holds office for a term of 2 years
commencing on July 1 of each odd-numbered year.

4. Any member of the Committee who is not a candidate
for reelection or who is defeated for reelection continues to serve until the
next session of the Legislature convenes.

5. Vacancies on the Committee must be filled in the
same manner as original appointments.

6. The Committee shall report annually to the
Legislative Commission concerning its activities and any recommendations.

Sec. 2. NRS 218.53883 is hereby amended to
read as follows:

218.53883 1. The Committee shall [:

(a) Review]review the laws
relating to the distribution of revenue generated by state and local taxes. In
conducting the review, the Committee may consider the purposes for which the
various state and local taxes were imposed, the actual use of the revenue
collected from the various state and local taxes and any relief to the
taxpayers from the burden of the various state and local taxes that may result
from any possible recommendations of the Committee.

[(b) Study whether removing the authority of the Board of
County Commissioners of Washoe County to impose a certain additional
governmental services tax is a prudent act which is in the best interests of
this state.]

2. In conducting its review of the laws relating to
the distribution of revenue generated by state and local taxes, the Committee
may review:

(a) The distribution of the revenue from:

(1) The local school support tax imposed by
chapter 374 of NRS;

(2) The tax on aviation fuel and motor vehicle
fuel imposed by or pursuant to chapter 365 of NRS;

(3) The tax on intoxicating liquor imposed by
chapter 369 of NRS;

(4) The tax on fuel imposed pursuant to chapter
373 of NRS;

(5) The tax on tobacco imposed by chapter 370 of
NRS;

(6) The governmental services tax imposed by or
pursuant to chapter 371 of NRS;

(7) The tax imposed on gaming licensees by or
pursuant to chapter 463 of NRS;

(8) Property taxes imposed pursuant to chapter
361 of NRS;

(9) The tax on the transfer of real property
imposed by or pursuant to chapter 375 of NRS; and

(10) Any other state or local tax.

(b) The proper crediting of gasoline tax revenue if the
collection is moved to the terminal rack level.

3. The Committee may:

(a) Conduct investigations and hold hearings in
connection with its review and study;

(b) [Contract with one or more consultants to obtain technical
advice concerning the study conducted pursuant to NRS 218.53884;

(c)]
Apply for any available grants and accept any gifts, grants or donations and
use any such gifts, grants or donations to aid the Committee in carrying out
its duties pursuant to this chapter;

[(d)](c) Direct the Legislative Counsel Bureau to
assist in its research, investigations, review and study; and

[(e)](d) Recommend to the Legislature, as a result
of its review and study, any appropriate legislation.

Sec. 3. NRS 365.550 is hereby amended to read
as follows:

365.550 1. The receipts of the tax levied pursuant to
NRS 365.180 must be allocated monthly by the Department to the counties using
the following formula:

(a) Determine the average monthly amount each county
received in the fiscal year ending on June 30, 2001, and allocate to each
county that amount, or if the total amount to be allocated is less than that
amount, allocate to each county a percentage of the total amount to be
allocated that is equal to the percentage of the total amount allocated to that
county in the fiscal year ending on June 30, 2001;

(b) Determine for each county an amount from the total
amount to be allocated using the following formula:

(1) Two-thirds in proportion to population; and

(2) One-third in proportion to road mileage and
street mileage of improved roads or streets maintained by the county or an
incorporated city located within the county,

and compare that amount to the amount allocated to the county
pursuant to paragraph (a);

(c) Identify each county for which the amount
determined pursuant to paragraph (b) is greater than the amount allocated to
the county pursuant to paragraph (a); and

(d) Allocate to any county which is identified pursuant
to paragraph (c), using the formula set forth in paragraph (b), any amount from
the tax levied pursuant to NRS 365.180 that remains after the allocation
required pursuant to paragraph (a).

2. Within 10 calendar days after June 1 of each fiscal
year, the Department shall:

(a) Project the total amount that each county will be
allocated pursuant to subsection 1 for the current fiscal year.

(b) If the total amount allocated to all the counties
will not exceed the total amount that was received by all the counties for the
fiscal year ending on June 30, 2001, adjust the final monthly allocation to be
made to each county so that each county is allocated a
percentage of the total amount to be allocated that is equal to the percentage
of the total amount allocated to that county in the fiscal year ending on June
30, 2001.

county so that each county is allocated a percentage of the
total amount to be allocated that is equal to the percentage of the total
amount allocated to that county in the fiscal year ending on June 30, 2001.

(c) If a county receives an allocation pursuant to
paragraph (d) of subsection 1, determine whether the total monthly allocations
projected to be made to that county pursuant to subsection 1 for the current
fiscal year exceed the total amount the county received in the fiscal year
ending on June 30, 2001. If the total monthly allocations projected to be made
to the county do not exceed the total amount the county received in the fiscal
year ending on June 30, 2001, the Department shall adjust the final monthly
allocation to be made to the county for the current fiscal year so that the
total amount allocated to the county for the current fiscal year equals the
total amount the county received in the fiscal year ending on June 30, 2001.

3. Of the money allocated to each county pursuant to
the provisions of subsections 1 and 2:

(a) An amount equal to that part of the allocation
which represents 1.25 cents of the tax per gallon must be used exclusively for
the service and redemption of revenue bonds issued pursuant to chapter 373 of
NRS, for the construction, maintenance and repair of county roads, and for the
purchase of equipment for that construction, maintenance and repair, under the
direction of the boards of county commissioners of the several counties, and
must not be used to defray expenses of administration; and

(b) An amount equal to that part of the allocation
which represents 2.35 cents of the tax per gallon must be allocated to the
county, if there are no incorporated cities in the county, or to the county and
any incorporated cities in the county, if there is at least one incorporated
city in the county, pursuant to the following formula:

(4) One-fourth in proportion to vehicle miles of
travel on nonfederal aid primary roads.

For the purpose of applying the formula, the area of the
county excludes the area included in any incorporated city.

4. The amount allocated to the counties and
incorporated cities pursuant to subsections 1, 2 and 3 must be remitted
monthly. The State Controller shall draw his warrants payable to the county
treasurer of each of the several counties and the city treasurer of each of the
several incorporated cities, as applicable, and the State Treasurer shall pay
the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.

5. The formula computations must be made as of July 1
of each year by the Department, based on estimates which must be furnished by
the Department of Transportation and, if applicable, any adjustments to the
estimates determined to be appropriate by the Committee pursuant to subsection
9. Except as otherwise provided in subsection 9, the determination made by the
Department is conclusive.

6. The Department of Transportation shall complete:

(a) The estimates of the total mileage of improved
roads or streets maintained by each county and incorporated city on or before
August 31 of each year.

(b) A physical audit of the information submitted by
each county and incorporated city pursuant to subsection 7 at least once every
10 years.

7. Each county and incorporated city shall, not later
than March 1 of each year, submit a list to the Department of Transportation
setting forth:

(a) Each improved road or street that is maintained by
the county or city; and

(b) The beginning and ending points and the total
mileage of each of those improved roads or streets.

Each county and incorporated city shall, at least 10 days
before the list is submitted to the Department of Transportation, hold a public
hearing to identify and determine the improved roads and streets maintained by
the county or city.

8. If a county or incorporated city does not agree
with the estimates prepared by the Department of Transportation pursuant to
subsection 6, the county or incorporated city may request that the [subcommittee]Advisory Committee examine
the estimates and recommend an adjustment to the estimates. Such a request must
be submitted to the [subcommittee]Advisory Committee not later than October 15.

9. The [subcommittee]Advisory Committee shall review any request it
receives pursuant to subsection 8 and report to the Committee its findings and
any recommendations for an adjustment to the estimates it determines is
appropriate. The Committee shall hold a public hearing and determine whether an
adjustment to the estimates is appropriate on or before December 31 of the year
it receives a request pursuant to subsection 8. Any determination made by the
Committee pursuant to this subsection is conclusive.

10. The [subcommittee]Advisory Committee shall
monitor the fiscal impact of the formula set forth in this section on counties
and incorporated cities and report regularly to the Committee concerning its
findings and recommendations regarding that fiscal impact.

(b)Committee means the Legislative Committee for Local Government Taxes
and Finance established pursuant to NRS 218.53881.

[(b)](c) Construction, maintenance and repair
includes the acquisition, operation or use of any material, equipment or
facility that is used exclusively for the construction, maintenance or repair
of a county or city road and is necessary for the safe and efficient use of
that road, including, without limitation:

(1) Grades and regrades;

(2) Graveling, oiling, surfacing, macadamizing
and paving;

(3) Sweeping, cleaning and sanding roads and
removing snow from a road;

(11) Fences, cattle guards and other devices to
control access to a county or city road;

(12) Signs and devices for the control of
traffic; and

(13) Facilities for personnel and the storage of
equipment used to construct, maintain or repair a county or city road.

[(c)](d) Improved road or street means a road or
street that is, at least:

(1) Aligned and graded to allow reasonably
convenient use by a motor vehicle; and

(2) Drained sufficiently by a longitudinal and
transverse drainage system to prevent serious impairment of the road or street
by surface water.

[(d) Subcommittee means the subcommittee appointed pursuant
to NRS 218.53884.]

Sec. 4. NRS 218.53884 is hereby repealed.

Sec. 5. 1. This act becomes effective on July 1,
2003.

2. Section 3 of this act expires by limitation on June 30,
2005.

________

CHAPTER 158, AB 92

Assembly Bill No. 92Committee on Judiciary

CHAPTER 158

AN ACT relating to
secured transactions; revising provisions of the Uniform Commercial Code
governing the filing of certain records; revising certain fees related to
certain security instruments and liens; authorizing the Secretary of State to
prescribe a form for the filing and recording of certain documents; and
providing other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 104.9516 is hereby amended to
read as follows:

104.9516 1. Except as otherwise provided in
subsection 2, communication of a record to a filing office and tender of the
filing fee or acceptance of the record by the filing office constitutes filing.

2. Filing does not occur with respect to a record that
a filing office refuses to accept because:

(a) The record is not communicated by a method or
medium of communication authorized by the filing office;

(b) An amount equal to or greater than the applicable
filing fee is not tendered;

(c) The filing office is unable to index the record
because:

(1) In the case of an initial financing
statement, the record does not provide a name for the debtor;

(2) In the case of an amendment or correction
statement, the record:

(I) Does not identify the initial
financing statement as required by NRS 104.9512 or 104.9518, as applicable; or

(3) In the case of an initial financing statement
that provides the name of a debtor identified as a natural person or an
amendment that provides a name of a debtor identified as a natural person which
was not previously provided in the financing statement to which the record
relates, the record does not identify the debtors last name; or

(4) In the case of a record filed or recorded in
the filing office described in paragraph (a) of subsection 1 of NRS 104.9501,
the record does not provide a sufficient description of the real property to
which it relates;

(d) In the case of an initial financing statement or an
amendment that adds a secured party of record, the record does not provide a
name and mailing address for the secured party of record;

(e) In the case of an initial financing statement or an
amendment that provides a name of a debtor which was not previously provided in
the financing statement to which the amendment relates, the record does not:

(1) Provide a mailing address for the debtor;

(2) Indicate whether the debtor is a natural
person or an organization; or

(3) If the financing statement indicates that
the debtor is an organization, provide:

(I) A type of organization for the debtor;

(II) A jurisdiction of organization for
the debtor; or

(III) An organizational identification
number for the debtor or indicate that the debtor has none;

(f) In the case of an assignment reflected in an
initial financing statement under subsection 1 of NRS 104.9514 or an amendment
filed under subsection 2 of that section, the record does not provide a name
and mailing address for the assignee; or

(g) In the case of a continuation statement, the record
is not filed within the 6-month period prescribed by subsection 4 of NRS
104.9515.

(h) The
record lists a public official of a governmental unit as a debtor and the
public official has not authorized the filing of the information in an
authenticated record as required pursuant to NRS 104.9509.

3. For purposes of subsection 2:

(a) A record does not provide information if the filing
office is unable to read or decipher the information; and

(b) A record that does not indicate that it is an
amendment or identify an initial financing statement to which it relates, as
required by NRS 104.9512, 104.9514 or 104.9518, is an initial financing
statement.

4. A record that is communicated to the filing office
with tender of the filing fee, but which the filing office refuses to accept
for a reason other than one set forth in subsection 2, is effective as a filed
record except as against a purchaser of the collateral which gives value in
reasonable reliance upon the absence of the record from the files.

Sec. 2. NRS 104.9521 is hereby amended to
read as follows:

104.9521 1. A filing office that accepts written
records may not refuse to accept a written initial financing statement [in
the following]submitted on a form prescribed and made available by the Secretary of State, except
for a reason set forth in subsection 2 of NRS 104.9516 . [:UCC FINANCING STATEMENT

15. Name and address of a RECORD OWNER of
above-described real estate (if Debtor
does not have a record interest):

16. Additional collateral description:

17. Check only if applicable and
check only one box:

Debtor is a o Trust or

o Trustee acting with respect to property held in trust or

o Decedents Estate

18. Check only if applicable and
check only one box:

o Debtor is a TRANSMITTING UTILITY

o Filed in connection with a Manufactured-Home Transaction 
effective 30 years

o Filed in connection with a Public-Finance Transaction  effective
30 years

NATIONAL UCC FINANCING STATEMENT (FORM
UCC1Ad) (REV. 07/29/98)]

2. A filing office that accepts written records may
not refuse to accept a written record [in the following]submitted on a form prescribed and made available by the
Secretary of State, except for a reason set forth in subsection 2
of NRS 104.9516 . [:UCC FINANCING STATEMENT AMENDMENT

1b. This FINANCING STATEMENT AMENDMENT is
to be filed [for record] (or recorded) in the o REAL ESTATE RECORDS.

2. o
TERMINATION: Effectiveness of the Financing Statement identified above is
terminated with respect to security interest(s) of the Secured Party
authorizing this Termination Statement.

3. o
CONTINUATION: Effectiveness of the Financing Statement identified above with
respect to security interest(s) of the Secured Party authorizing this
Continuation Statement is continued for the additional period provided by
applicable law.

4. o ASSIGNMENT
(full or partial): Give name of assignee in item 7a or 7b and address of
assignee in item 7c; and also give name of assignor in item 9.

9. NAME OF SECURED PARTY OF RECORD
AUTHORIZING THIS AMENDMENT (name of assignor, if this is an assignment). If
this is an Amendment authorized by a Debtor which adds collateral or adds the
authorizing Debtor, or if this is a Termination authorized by a Debtor, check
here o and enter
name of DEBTOR authorizing this Amendment.

3.
A form that a filing office may not refuse to accept under subsection 1 or 2
must conform to the format prescribed for the form by the National Conference
of Commissioners on Uniform State Laws.

4. A filing officer may add optional blocks for the
address of the secured party or the address of the debtor to any form or
record.

Sec. 3. NRS 105.070 is hereby amended to
read as follows:

105.070 1. The Secretary of State or county recorder
shall mark any security instrument and any statement of change, merger or
consolidation presented for filing with the day and hour of filing and the file
number assigned to it. This mark is, in the absence of other evidence,
conclusive proof of the time and fact of presentation for filing.

2. The Secretary of State or county recorder shall
retain and file all security instruments and statements of change, merger or
consolidation presented for filing.

3. The uniform fee for filing and indexing a security
instrument, or a supplement or amendment thereto, and a statement of change,
merger or consolidation, and for stamping a copy of those documents furnished
by the secured party or the public utility [,]
to show the date and place of filing is [$15 if the document is in
the standard form prescribed by the Secretary of State and otherwise is $20,
plus $1 for each additional debtor or trade name.] :

(a) Twenty
dollars if the record is communicated in writing and consists of one or two
pages;

(b) Forty
dollars if the record is communicated in writing and consists of more than two
pages, and $1 for each page over 20 pages;

(c) Ten
dollars if the record is communicated by another medium authorized by
filing-office rule; and

(d) One
dollar for each additional debtor, trade name or reference to another name
under which business is done.

Sec. 4. NRS 105.080 is hereby amended to read as
follows:

105.080 1.
Upon the request of any person, the Secretary of State shall
issue his certificate showing whether there is on file ,
on the date and hour stated therein, any presently effective security
instrument naming a particular public utility [,]
and , if there is, giving the date and hour of
filing of the instrument and the names and addresses of each secured party. The
uniform fee for such a certificate is [$15 if the request for
the certificate is in the standard form prescribed by the Secretary of State
and otherwise is $20.]:

(a) Twenty
dollars if the request is communicated in writing; and

(b) Fifteen
dollars if the request is communicated by another medium authorized by
filing-office rule.

2. Upon
request , the Secretary of State or a county
recorder shall furnish a copy of any filed security instrument upon payment of
the statutory fee for copies.

Sec. 5. NRS 108.831 is hereby amended to read as
follows:

108.831 1. If a notice of federal lien, a refiling of
a notice of federal lien [,] or a
notice of revocation of any certificate described in subsection 2 is presented
to the filing officer who is:

(a) The Secretary of State, he shall cause the notice
to be marked, held and indexed in accordance with the provisions of NRS
104.9519 as if the notice were a financing statement within the meaning of the
Uniform Commercial Code.

(b) Any other officer described in NRS 108.827, he
shall endorse thereon his identification and the date and time of receipt and
forthwith file it alphabetically or enter it in an alphabetical index showing
the name of the person named in the notice and the date of receipt.

2. If a certificate of release, nonattachment,
discharge or subordination of any federal lien is presented to the Secretary of
State for filing he shall:

(a) Cause a certificate of release or nonattachment to
be marked, held and indexed as if the certificate were a termination statement
within the meaning of the Uniform Commercial Code, except that the notice of
lien to which the certificate relates must not be removed from the files; and

(b) Cause a certificate of discharge or subordination
to be held, marked and indexed as if the certificate were a release of
collateral within the meaning of the Uniform Commercial Code.

3. If a refiled notice of federal lien referred to in
subsection 1 or any of the certificates or notices referred to in subsection 2
is presented for filing with any other filing officer specified in NRS 108.827,
he shall enter the refiled notice or the certificate with the date of filing in
any alphabetical index of liens.

4. Upon request of any person, the filing officer
shall issue his certificate showing whether there is on file, on the date and
hour stated therein, any active notice of lien or certificate or notice
affecting any lien filed under NRS 108.825 to 108.837, inclusive, naming a
particular person [,] and , if a
notice or certificate is on file, giving the date and hour of filing of each
notice or certificate. The certificate must state that it reveals active liens
only. The fee for a certificate is [$15 if the statement is
in the standard form prescribed by the Secretary of State and otherwise is $20.]:

(a) Twenty
dollars if the request is communicated in writing; and

(b) Fifteen
dollars if the request is communicated by another medium authorized by
filing-office rule.

5. Upon
request , the filing officer shall furnish a copy of
any notice of federal lien or notice or certificate affecting a federal lien
for the statutory fee for copies.

Sec. 6. NRS 108.889 is hereby amended to read as
follows:

108.889 1. To perfect the lien provided for in NRS
108.887, a producer must, not later than 45 days after the date on which the
lien attaches pursuant to NRS 108.888, file a notice of the lien in the Office
of the Secretary of State[.] in the manner set forth in NRS 104.9516
and on a form prescribed and made available by the Secretary of State.

2. A notice of lien that is filed pursuant to
subsection 1 must be verified by the oath of the producer and must contain:

(a) The name of the producer;

(b) The name of the processor;

(c) A statement of the terms and conditions of the
contract between the producer and the processor; and

(d) The total amount owed to the producer by the
processor under the terms of the contract, after deducting any applicable
credits or offsets.

3. Not later than 24 hours after filing a notice of
lien pursuant to this section, a producer shall send a copy of the notice of
lien to the processor by certified mail.

247.110 1. When a document authorized by law to be
recorded is deposited in the county recorders office for recording, the county
recorder shall:

(a) Endorse upon it the time when it was received,
noting:

(1) The year, month, day, hour and minute of its
reception;

(2) The document number; and

(3) The amount of fees collected for recording
the document.

(b) Record the document without delay, together with
the acknowledgments, proofs and certificates, written upon or annexed to it,
with the plats, surveys, schedules and other papers thereto annexed, in the
order in which the papers are received for recording.

(c) Note at the upper right corner of the record and
upon the document, except a map, so recorded the exact time of its reception,
and the name of the person at whose request it was recorded.

(d) Upon request, place a stamp or other notation upon
one copy of the document presented at the time of recording to reflect the
information endorsed upon the original pursuant to subparagraphs (1) and (2) of
paragraph (a) and as evidence that he received the original, and return the
copy to the person who presented it.

2. In addition to the information described in
paragraph (a) of subsection 1, a county recorder may endorse upon a document
the book and page where the document is recorded.

3. A county recorder shall not refuse to record a
document on the grounds that the document is not legally effective to
accomplish the purposes stated therein.

4. A document, except a map, that is submitted for
recording must [:]be on a form authorized by NRS 104.9521 for the type of
filing or must:

(a) Be on paper that is 8 1/2 inches by 11 inches in
size;

(b) Have a margin of 1 inch on the left and right sides
and at the bottom of each page; and

(c) Have a space of 3 inches by 3 inches at the upper
right corner of the first page and have a margin of 1 inch at the top of each
succeeding page.

________

κ2003
Statutes of Nevada, Page 846κ

CHAPTER 159, AB 95

Assembly Bill No. 95Committee on Judiciary

CHAPTER 159

AN ACT relating to
sentencing; making various changes to the provision pertaining to the authority
and discretion of the court to suspend a sentence and grant probation in
certain cases; and providing other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 176A.100 is hereby amended to
read as follows:

176A.100 1. Except as otherwise provided in this
section and NRS 176A.110 and 176A.120, if a person is found guilty in a
district court upon verdict or plea of:

(a) Murder of the first or second degree, kidnapping in
the first degree, sexual assault, attempted sexual assault of a child who is
less than 16 years of age, an offense for which the suspension of sentence or
the granting of probation is expressly forbidden, or if the person is found to
be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon
pursuant to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court
shall not suspend the execution of the sentence imposed or grant probation to
the person.

(b) A category E felony, except as otherwise provided
in this paragraph, the court shall suspend the execution of the sentence
imposed and grant probation to the person. The court may, as it deems
advisable, decide not to suspend the execution of the sentence imposed and
grant probation to the person if, at the time [the crime was committed,]of sentencing, it is established
that the person:

(1) Was serving a term of probation[,]or was on parole at the time the crime was committed, whether
in this state or elsewhere, for a felony conviction;

(2) Had previously had his probation or parole revoked, whether
in this state or elsewhere, for a felony conviction; [or]

(3) Had
previously been assigned to a program of treatment and rehabilitation pursuant
to NRS 453.580 and failed to successfully complete that program; or

(4)
Had previously been two times convicted, whether in this state or
elsewhere, of a crime that under the laws of the situs of the crime or of this
state would amount to a felony.

If the person denies the existence of a previous conviction,
the court shall determine the issue of the previous conviction after hearing
all relevant evidence presented on the issue by the prosecution and the person.
At such a hearing, the person may not challenge the validity of a previous
conviction. For the purposes of this paragraph, a certified copy of a felony
conviction is prima facie evidence of conviction of a prior felony.

(c) Another felony, a gross misdemeanor or a
misdemeanor, the court may suspend the execution of the sentence imposed and
grant probation as the court deems advisable.

2. In determining whether to grant probation to a
person, the court shall not consider whether the person has the financial
ability to participate in a program of probation secured by a surety bond
established pursuant to NRS 176A.300 to 176A.370, inclusive.

3. The court shall consider the standards adopted
pursuant to NRS 213.10988 and the recommendation of the Chief Parole and
Probation Officer, if any, in determining whether to grant probation to a person.

4. If the court determines that a person is otherwise
eligible for probation but requires more supervision than would normally be
provided to a person granted probation, the court may, in lieu of sentencing
him to a term of imprisonment, grant him probation pursuant to the Program of
Intensive Supervision established pursuant to NRS 176A.440.

5. Except as otherwise provided in this subsection, if
a person is convicted of a felony and the Division is required to make a
presentence investigation and report to the court pursuant to NRS 176.135, the
court shall not grant probation to the person until the court receives the
report of the presentence investigation from the Chief Parole and Probation
Officer. The Chief Parole and Probation Officer shall submit the report of the
presentence investigation to the court not later than 45 days after receiving a
request for a presentence investigation from the county clerk. If the report of
the presentence investigation is not submitted by the Chief Parole and Probation
Officer within 45 days, the court may grant probation without the report.

6. If the court determines that a person is otherwise
eligible for probation, the court shall, when determining the conditions of
that probation, consider the imposition of such conditions as would facilitate
timely payments by the person of his obligation, if any, for the support of a
child and the payment of any such obligation which is in arrears.

AN ACT relating to
justices courts; increasing the monetary limit of the jurisdiction of
justices courts; providing for the establishment of a mandatory short trial
program for civil cases in the justices courts; and providing other matters
properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 4.060 is hereby amended to
read as follows:

4.060 1. Except as otherwise provided in this section
and NRS 33.017 to 33.100, inclusive, each justice of the peace shall charge and
collect the following fees:

(d) No fee may be charged
where a defendant or defendants appear in response to an affidavit and order
issued pursuant to the provisions of chapter 73 of NRS.

(e) For the filing of
any paper in intervention..................................... 6.00

(f) For the issuance
of any writ of attachment, writ of garnishment, writ of execution or any other
writ designed to enforce any judgment of the court................................................................... 6.00

(g) For filing a
notice of appeal, and appeal bonds......................... 12.00

One charge only
may be made if both papers are filed at the same time.

(h) For issuing supersedeas
to a writ designed to enforce a judgment or order of the court 12.00

(i) For preparation and
transmittal of transcript and papers on appeal 12.00

(j) For celebrating a
marriage and returning the certificate to the county recorder 50.00

2. A justice of the peace shall not charge or collect
any of the fees set forth in subsection 1 for any service rendered by him to
the county in which his township is located.

3. A justice of the peace shall not charge or collect
the fee pursuant to paragraph (j) of subsection 1 if he performs a marriage
ceremony in a commissioner township.

4. Except as otherwise provided by an ordinance
adopted pursuant to the provisions of NRS 244.207, the justice of the peace
shall, on or before the fifth day of each month, account for and pay to the
county treasurer all fees collected during the preceding month, except for the
fees he may retain as compensation and the fees he is required to pay to the
State Controller pursuant to subsection 5.

5. The justice of the peace shall, on or before the
fifth day of each month, pay to the State Controller:

(a) An amount equal to $5 of each fee collected
pursuant to paragraph (j) of subsection 1 during the preceding month. The State
Controller shall deposit the money in the Account for Aid for Victims of
Domestic Violence in the State General Fund.

(b) One-half of the fees collected pursuant to
paragraph (o) of subsection 1 during the preceding month. The State Controller
shall deposit the money in the fund for the compensation of victims of crime.

Sec. 2. NRS 4.370 is hereby amended to read
as follows:

4.370 1. Except as otherwise provided in subsection
2, justices courts have jurisdiction of the following civil actions and
proceedings and no others except as otherwise provided by specific statute:

(a) In actions arising on contract for the recovery of
money only, if the sum claimed, exclusive of interest, does not exceed [$7,500.] $10,000.

(b) In actions for damages for injury to the person, or
for taking, detaining or injuring personal property, or for injury to real
property where no issue is raised by the verified answer of the defendant
involving the title to or boundaries of the real property, if the damage
claimed does not exceed [$7,500.] $10,000.

(c) Except as otherwise provided in paragraph (l) in
actions for a fine, penalty or forfeiture not exceeding [$7,500,]$10,000, given by
statute or the ordinance of a county, city or town, where no issue is raised by
the answer involving the legality of any tax, impost, assessment, toll or
municipal fine.

(d) In actions upon bonds or undertakings conditioned
for the payment of money, if the sum claimed does not exceed [$7,500,]$10,000, though the
penalty may exceed that sum. Bail bonds and other undertakings posted in
criminal matters may be forfeited regardless of amount.

(e) In actions to recover the possession of personal
property, if the value of the property does not exceed [$7,500.] $10,000.

(f) To take and enter judgment on the confession of a
defendant, when the amount confessed, exclusive of interest, does not exceed [$7,500.] $10,000.

(g) Of actions for the possession of lands and
tenements where the relation of landlord and tenant exists, when damages
claimed do not exceed [$7,500]$10,000 or when no damages are claimed.

(h) Of actions when the possession of lands and
tenements has been unlawfully or fraudulently obtained or withheld, when
damages claimed do not exceed [$7,500]$10,000 or when no damages are claimed.

(i) Of suits for the collection of taxes, where the
amount of the tax sued for does not exceed [$7,500.] $10,000.

(j) Of actions for the enforcement of mechanics liens,
where the amount of the lien sought to be enforced, exclusive of interest, does
not exceed [$7,500.] $10,000.

(k) Of actions for the enforcement of liens of owners
of facilities for storage, where the amount of the lien sought to be enforced,
exclusive of interest, does not exceed [$7,500.] $10,000.

(l) In actions for a fine imposed for a violation of
NRS 484.757.

(m) Except in a judicial district that includes a
county whose population is 100,000 or more, in any action for the issuance of a
temporary or extended order for protection against domestic violence.

(n) In an action for the issuance of a temporary or
extended order for protection against harassment in the workplace pursuant to
NRS 33.200 to 33.360, inclusive.

(o) In small claims actions under the provisions of
chapter 73 of NRS.

(p) In actions to contest the validity of liens on
mobile homes or manufactured homes.

(q) In any action pursuant to NRS 200.591 for the
issuance of a protective order against a person alleged to be committing the
crime of stalking, aggravated stalking or harassment.

2. The jurisdiction conferred by this section does not
extend to civil actions, other than for forcible entry or detainer, in which
the title of real property or mining claims or questions affecting the
boundaries of land are involved.

3. Justices courts have jurisdiction of all
misdemeanors and no other criminal offenses except as otherwise provided by
specific statute. Upon approval of the district court, a justices court may
transfer original jurisdiction of a misdemeanor to the district court for the
purpose of assigning an offender to a program established pursuant to NRS
176A.250.

4. Except as otherwise provided in subsections 5 and
6, in criminal cases the jurisdiction of justices of the peace extends to the
limits of their respective counties.

5. In the case of any arrest made by a member of the
Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to
the limits of their respective counties and to the limits of all counties which
have common boundaries with their respective counties.

6. Each justices court has jurisdiction of any
violation of a regulation governing vehicular traffic on an airport within the
township in which the court is established.

Sec. 3. Chapter
38 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. The Supreme Court shall adopt rules to provide for the
establishment of a mandatory short trial program for civil cases in the
justices courts.

2. This section does not apply to the following
actions and proceedings:

(a) Actions for the possession of lands and tenements
where the relation of landlord and tenant exists, when damages claimed do not
exceed $10,000 or when no damages are claimed.

(b) Actions when the possession of lands and tenements
has been unlawfully or fraudulently obtained or withheld, when damages claimed
do not exceed $10,000 or when no damages are claimed.

(c) Any action for the issuance of a temporary or
extended order for protection against domestic violence.

(d) An action for the issuance of a temporary or
extended order for protection against harassment in the workplace pursuant to
NRS 33.200 to 33.360, inclusive.

(e) Small claims actions under the provisions of
chapter 73 of NRS.

(f) Any action pursuant to NRS 200.591 for the
issuance of a protective order against a person alleged to be committing the
crime of stalking, aggravated stalking or harassment.

3. As used in this section, short trial means a
trial that is conducted in accordance with procedures designed to limit the
length of the trial, including, without limitation, restrictions on the amount
of discovery requested by each party, the use of a jury composed of not more
than six persons, and a specified limit on the amount of time each party may
use to present his case.

(a) All civil actions filed in district court for
damages, if the cause of action arises in the State of Nevada and the amount in
issue does not exceed $40,000, must be submitted to nonbinding arbitration in
accordance with the provisions of NRS 38.250 to 38.259, inclusive, unless the
parties have agreed to submit the action to an alternative method of resolving
disputes established by the Supreme Court pursuant to NRS 38.258, including,
without limitation, a settlement conference, mediation or a binding short
trial, and that method has resulted in a binding disposition of the action. If
an action is submitted to an alternative method of resolving disputes pursuant
to this paragraph and a binding disposition of the case does not result, the
action must be submitted to nonbinding arbitration, but the parties may agree
to submit the action to another alternative method of resolving disputes while
the nonbinding arbitration is pending or after the nonbinding arbitration has
been completed.

(b) A civil action for damages filed in justices court
may be submitted to arbitration or to an alternative method of resolving
disputes, including, without limitation, a settlement conference, mediation or
a binding short trial, if the parties agree to the submission.

2. An agreement entered into pursuant to this section
must be:

(a) Entered into at the time of the dispute and not be
a part of any previous agreement between the parties;

(b) In writing; and

(c) Entered into knowingly and voluntarily.

An agreement entered into pursuant to this section that does
not comply with the requirements set forth in this subsection is void.

3. As used in this section, short trial means a trial
that is conducted, with the consent of the parties to the action, in accordance
with procedures designed to limit the length of the trial, including, without
limitation, restrictions on the amount of discovery requested by each party,
the use of a jury composed of not more than six persons, and a specified limit
on the amount of time each party may use to present his case.

487.039 1. If [the owner of]
a vehicle [which] is towed from private property
upon the request of the owner of the private property , or
a person in lawful possession of that property , and the owner of the vehicle believes that
the vehicle was unlawfully towed, [he]the owner of the vehicle may
file a civil action pursuant to paragraph (b) of subsection 1 of NRS 4.370 in
the justices court of the township where the private property is located, on a
form provided by the court, to determine whether the towing of the vehicle was
lawful.

2. An action may be filed pursuant to this section
only if the cost of towing and storing the vehicle does not exceed [$7,500.] $10,000.

3. Upon the filing of a civil action pursuant to
subsection 1, the court shall schedule a date for a hearing. The hearing must
be held not later than 7 days after the action is filed. The court shall affix
the date of the hearing to the form and order a copy served by the sheriff,
constable or other process server upon the person who authorized the towing of
the vehicle.

4. The court shall:

(a) If it determines that the vehicle was:

(1) Lawfully towed, order the owner of the
vehicle to pay the cost of towing and storing the vehicle and order the person
who is storing the vehicle to release the vehicle to the owner upon payment of
that cost; or

(2) Unlawfully towed, order the person who
authorized the towing to pay the cost of towing and storing the vehicle and
order the person who is storing the vehicle to release the vehicle to the owner
immediately; and

(b) Determine the actual cost incurred in towing and
storing the vehicle.

5. The operator of any facility or other location
where vehicles which are towed from private property are stored shall display
conspicuously at that facility or location a sign which sets forth the
provisions of this section.

Sec. 6. Section 1 of Senate Bill No. 88 of this
session is hereby amended to read as follows:

Section 1. Chapter 3 of NRS is hereby amended by
adding thereto a new section to read as follows:

[1.] If an action is filed in the
district court and a district judge determines that the [sum claimed, exclusive of
interest, does not exceed $7,500,]action is properly within the jurisdiction of the justices
court pursuant to NRS 4.370, the district judge may transfer
original jurisdiction of the action to the justices court.

[2. For the purposes of this section, action includes the
following civil cases and proceedings and no others except as otherwise
provided by specific statute:

(a) An
action arising on contract for the recovery of money only, if the sum claimed,
exclusive of interest, exceeds $7,500.

(b) An
action for damages for injury to the person, or for taking, detaining or
injuring personal property, or for injury to real property where no issue is
raised by the verified answer of the defendant involving the title to or
boundaries of the real property, if the damage claimed exceeds $7,500.

(c) Except
in actions for a fine imposed for a violation of NRS 484.757, an action for a
fine, penalty or forfeiture exceeding $7,500, given by statute or the ordinance
of a county, city or town, where no issue is raised by the answer involving the
legality of any tax, impost, assessment, toll or municipal fine.

(d) An
action upon bonds or undertakings conditioned for the payment of money, if the
sum claimed exceeds $7,500.

(e) An
action to recover the possession of personal property, if the value of the
property exceeds $7,500.

(f) To take
and enter judgment on the confession of a defendant, when the amount confessed,
exclusive of interest, exceeds $7,500.

(g) Of
actions for the possession of lands and tenements where the relation of
landlord and tenant exists, when damages claimed exceed $7,500.

(h) Of
actions when the possession of lands and tenements has been unlawfully or
fraudulently obtained or withheld, when damages claimed exceed $7,500.

(i) Of
suits for the collection of taxes, where the amount of the tax sued for exceeds
$7,500.

(j) Of
actions for the enforcement of mechanics liens, where the amount of the lien
sought to be enforced, exclusive of interest, exceeds $7,500.

(k) Of
actions for the enforcement of liens of owners of facilities for storage, where
the amount of the lien sought to be enforced, exclusive of interest, exceeds
$7,500.]

Sec. 7. The amendatory provisions of sections 1 to
5, inclusive, of this act apply to civil actions and proceedings filed on or
after January 1, 2005.

Sec. 8. 1. This section and section 6 of this
act become effective upon passage and approval.

2. Sections 1 to 5, inclusive, and 7 of this act become
effective on January 1, 2005.

________

CHAPTER 161, AB 117

Assembly Bill No. 117Committee on Judiciary

CHAPTER 161

AN ACT relating to
child support; making various changes to provisions governing the withholding
of income which is ordered to enforce the payment of child support; and
providing other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 31A.025 is hereby amended to read as
follows:

31A.025 1. Except as otherwise provided in subsection
[2,]4, whenever a court order requiring an obligor
to make payments for the support of a child includes an order directing the
withholding of income for the payment of the support, the procedure provided by
this chapter for the withholding of income must be carried out immediately
unless:

(a) All parties agree in writing that there should be
no immediate withholding; or

2. Except
as otherwise provided in [this paragraph,]subsection 3, a finding of good cause pursuant to paragraph (b) of subsection
1 must be based on a written finding by the court that the
immediate withholding of income would not be in the best interests of the
child. A finding that the
immediate withholding of income would not be in the best interests of the child
may be based on evidence that:

(a) The
obligor has not been found to be in arrears for the payment of child support
and is willing and able to pay the amount ordered by the court;

(b) The
obligor was unaware that he was the parent of the child for whom he owes an
obligation of support during any time in which an arrearage for the payment of
child support accrued and is willing and able to pay the amount ordered by the
court; or

(c) The
obligor has provided full payment of his obligation for support for each of the
immediately preceding 12 months.

3. In
an action for modification or adjustment of a previous order for the support of
a child, a finding of good cause may be based on evidence of payment in a
timely manner by the obligor under the previous order for support.

[2.] 4. In the case of any court order requiring
an obligor to make payments for the support of a child:

(a) That does not include an order directing the
withholding of income for the payment of the support; or

(b) In connection with which:

(1) Good cause has been found by the court for
the postponement of withholding; or

(2) All parties have agreed in writing that
there should be no immediate withholding,

the procedure for the withholding of income must be carried
out when the obligor becomes delinquent in paying the support of a child. The
person entitled to the payment of support or his legal representative shall
notify the enforcing authority when the procedure for the withholding of income
must be carried out pursuant to this subsection.

Sec. 2. NRS 31A.040 is hereby amended to read
as follows:

31A.040 1. The enforcing authority shall notify an
obligor who is subject to the withholding of income by first-class mail to his
last known address:

(a) That his income is being withheld;

(b) Of the amount of any arrearages;

(c) Of the amount being withheld from his incometo
pay current support and the amount being withheld to pay any arrearages;

(d) That a notice to withhold income applies to any
current or subsequent employer;

(e) That a notice to withhold income of the obligor has
been mailed to his employer;

(f) Of the information provided to his employer
pursuant to NRS 31A.070;

(g) That he may contest the withholding; and

(h) Of the grounds and procedures for contesting the
withholding.

2. The provisions of this section are applicable only
to an obligor against whom there is entered an order of a kind described in
subsection [2]4 of NRS 31A.025.

(a) If an obligor, within 15 days after a notice of
withholding is mailed to him pursuant to NRS 31A.040, requests a hearing to
contest the withholding, the enforcing authority shall apply for a hearing
before the court.

(b) The obligor may contest the withholding on the
following grounds:

(1) The court which issued the order for support
lacked personal jurisdiction over him;

(2) There is a mistake of fact as to:

(I) Whether the obligor has been
delinquent in the payment of support;

(II) The amount of the arrearages or
support; or

(III) The custody of the child; or

(3) The order of support was obtained by fraud.

No other issues or defenses may be presented to or determined
by the court.

2. The provisions of subsection 1:

(a) Are applicable only to an obligor against whom
there is entered an order of a kind described in subsection [2]4 of NRS 31A.025.

(b) Do not apply to an obligor who requests a hearing
pursuant to NRS 130.606 to contest the enforcement, through the withholding of
income, of an order for support that is registered pursuant to chapter 130 of
NRS.

Sec. 4. NRS 31A.060 is hereby amended to read
as follows:

31A.060 1. If the court, after conducting a hearing
requested pursuant to NRS 31A.050, determines that:

(a) The court that issued the order of support lacked
jurisdiction or the order was obtained by fraud or a mistake of fact, it shall
issue an order to stay the withholding.

(b) The order of support is valid and there is no fraud
or mistake of fact, it shall issue an order confirming the withholding without
modification.

2. The court shall make its decision within 45 days
after the notice of the withholding is mailed to the obligor pursuant to NRS
31A.040.

3. If the court issues an order confirming the
withholding, it may assess costs and attorneys fees against the obligor.

4. The enforcing authority shall give written notice
to the obligor of the decision of the court.

5. The provisions of this section are applicable only
to an obligor against whom there is entered an order of a kind described in
subsection [2]4of NRS 31A.025.

Sec. 5. NRS 31A.070 is hereby amended to read
as follows:

31A.070 1. The enforcing authority shall mail, by
first-class mail, a notice to withhold income to an obligors employer:

(a) If the provisions of subsection [2]4 of NRS 31A.025
apply, immediately upon determining that the obligor is delinquent in the
payment of support; or

(b) If the provisions of subsection [2]4 of NRS 31A.025 do
not apply, immediately upon the entry of the order of support[.] , unless an exception set forth in paragraph (a) or (b) of
subsection 1 of NRS 31A.025 applies.

2. If an employer of an obligor does not begin to
withhold income from the obligor after receiving the notice to withhold income
that was mailed pursuant to subsection 1, the enforcing authority shall mail,
by certified mail, return receipt requested, another notice to withhold income
to the employer.

AN ACT relating to
health care; requiring certain employees of facilities for long-term care to
receive education in the care of persons with dementia; requiring the
Department of Human Resources to develop a plan for increasing the number of
beds in this state that are used to provide long-term care to persons with dementia;
and providing other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 449 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. The Board
shall establish minimum continuing education requirements concerning the care
of persons with any form of dementia, including, without limitation, dementia
caused by Alzheimers disease, for each person who is:

(a) Employed by
a facility for skilled nursing, facility for intermediate care or residential
facility for groups which provides care to persons with any form of dementia;
and

(b) Licensed or
certified by an occupational licensing board.

2. In
establishing continuing education requirements pursuant to subsection 1, the
Board shall consider any other educational requirements imposed on such
employees to ensure that the continuing education requirements established by
the Board do not duplicate or conflict with the existing educational
requirements imposed on those employees.

3. The
administrator of a facility for skilled nursing, facility for intermediate care
or residential facility for groups which provides care to persons with any form of dementia, including, without
limitation, dementia caused by Alzheimers disease, shall ensure that each
employee of the facility who is required to comply with the requirements for
continuing education established by the Board pursuant to this section complies
with such requirements.

persons with any form
of dementia, including, without limitation, dementia caused by Alzheimers
disease, shall ensure that each employee of the facility who is required to comply
with the requirements for continuing education established by the Board
pursuant to this section complies with such requirements.

Sec. 2. NRS 449.070 is hereby amended to read
as follows:

449.070 The provisions of NRS 449.001 to 449.240,
inclusive, and section 1 of this
act do not apply to:

1. Any facility conducted by and for the adherents of
any church or religious denomination for the purpose of providing facilities
for the care and treatment of the sick who depend solely upon spiritual means
through prayer for healing in the practice of the religion of the church or
denomination, except that such a facility [must]shall comply with
all regulations relative to sanitation and safety applicable to other
facilities of a similar category.

2. Foster homes as defined in NRS 424.014.

3. Any medical facility or facility for the dependent
operated and maintained by the United States Government or an agency thereof.

Sec. 3. NRS 449.160 is hereby amended to read
as follows:

449.160 1. The Health Division may deny an
application for a license or may suspend or revoke any license issued under the
provisions of NRS 449.001 to 449.240, inclusive, and section 1 of this act upon any of the
following grounds:

(a) Violation by the applicant or the licensee of any
of the provisions of NRS 439B.410 or 449.001 to 449.245, inclusive, and section 1 of this act or
of any other law of this state or of the standards, rules and regulations
adopted thereunder.

(b) Aiding, abetting or permitting the commission of any
illegal act.

(c) Conduct inimical to the public health, morals,
welfare and safety of the people of the State of Nevada in the maintenance and
operation of the premises for which a license is issued.

(d) Conduct or practice detrimental to the health or
safety of the occupants or employees of the facility.

(e) Failure of the applicant to obtain written approval
from the Director of the Department of Human Resources as required by NRS
439A.100 or as provided in any regulation adopted pursuant to this chapter, if
such approval is required.

2. In addition to the provisions of subsection 1, the
Health Division may revoke a license to operate a facility for the dependent
if, with respect to that facility, the licensee that operates the facility, or
an agent or employee of the licensee:

(a) Is convicted of violating any of the provisions of
NRS 202.470;

(b) Is ordered to but fails to abate a nuisance
pursuant to NRS 244.360, 244.3603 or 268.4124; or

(c) Is ordered by the appropriate governmental agency
to correct a violation of a building, safety or health code or regulation but
fails to correct the violation.

3. The Health Division shall maintain a log of any
complaints that it receives relating to activities for which the Health
Division may revoke the license to operate a facility for the dependent
pursuant to subsection 2.

4. On or before February 1 of each odd-numbered year,
the Health Division shall submit to the Director of the Legislative Counsel
Bureau a written report setting forth, for the previous biennium:

(a) Any complaints included in the log maintained by
the Health Division pursuant to subsection 3; and

(b) Any disciplinary actions taken by the Health
Division pursuant to subsection 2.

Sec. 4. NRS 449.163 is hereby amended to read
as follows:

449.163 1. If a medical facility or facility for the
dependent violates any provision related to its licensure, including any
provision of NRS 439B.410, 449.001 to 449.240, inclusive, and section 1 of this act or any condition,
standard or regulation adopted by the Board, the Health Division in accordance
with the regulations adopted pursuant to NRS 449.165 may:

(a) Prohibit the facility from admitting any patient
until it determines that the facility has corrected the violation;

(b) Limit the occupancy of the facility to the number
of beds occupied when the violation occurred, until it determines that the
facility has corrected the violation;

(c) Impose an administrative penalty of not more than
$1,000 per day for each violation, together with interest thereon at a rate not
to exceed 10 percent per annum; and

(d) Appoint temporary management to oversee the operation
of the facility and to ensure the health and safety of the patients of the
facility, until:

(1) It determines that the facility has
corrected the violation and has management which is capable of ensuring
continued compliance with the applicable statutes, conditions, standards and
regulations; or

(2) Improvements are made to correct the
violation.

2. If the facility fails to pay any administrative
penalty imposed pursuant to paragraph (c) of subsection 1, the Health Division
may:

(a) Suspend the license of the facility until the
administrative penalty is paid; and

3. The Health Division may require any facility that
violates any provision of NRS 439B.410, 449.001 to 449.240, inclusive, and section 1 of this act or
any condition, standard or regulation adopted by the Board, to make any
improvements necessary to correct the violation.

4. Any money collected as administrative penalties
pursuant to this section must be accounted for separately and used to protect
the health or property of the residents of the facility in accordance with
applicable federal standards.

Sec. 5. NRS 654.170 is hereby amended to read
as follows:

654.170 1. The Board shall issue a numbered license,
in such form as it may prescribe, to each applicant who meets the requirements
of NRS 654.150 or 654.155 and shall affix its official seal to the license.

2. Each license issued by the Board pursuant to this chapter
expires 2 years after the last day of the calendar month in which it was issued
and may be renewed on or before that date biennially.

3. Any licensed nursing facility administrator or
administrator of a residential facility for groups may renew his license by
applying for renewal in the manner prescribed by the Board, submitting the
statement required pursuant to NRS 654.145 and paying the renewal fee fixed by
the Board.

4. The Board shall, as a prerequisite for the renewal
of a license, require each holder to comply with [the]:

(a) The requirements
for continuing education adopted by the Board[.] ; and

(b) The
duties of the administrator set forth in section 1 of this act.

Sec. 6. NRS 654.170 is hereby amended to read
as follows:

654.170 1. The Board shall issue a numbered license,
in such form as it may prescribe, to each applicant who meets the requirements
of NRS 654.150 or 654.155 and shall affix its official seal to the license.

2. Each license issued by the Board pursuant to this
chapter expires 2 years after the last day of the calendar month in which it
was issued and may be renewed on or before that date biennially.

3. Any licensed nursing facility administrator or
administrator of a residential facility for groups may renew his license by
applying for renewal in the manner prescribed by the Board and paying the
renewal fee fixed by the Board.

4. The Board shall, as a prerequisite for the renewal
of a license, require each holder to comply with [the]:

(a) The requirements
for continuing education adopted by the Board [.]; and

(b) The
duties of the administrator set forth in section 1 of this act.

Sec. 7. NRS 654.190 is hereby amended to read
as follows:

654.190 1. The Board may, after notice and hearing,
impose an administrative fine of not more than $2,500 on and suspend or revoke
the license of any nursing facility administrator or administrator of a
residential facility for groups who:

(a) Is convicted of a felony, or of any offense
involving moral turpitude.

(b) Has obtained his license by the use of fraud or
deceit.

(c) Violates any of the provisions of this chapter.

(d) Aids or abets any person in the violation of any of
the provisions of NRS 449.001 to 449.240, inclusive, and section 1 of this act as those provisions
pertain to a facility for skilled nursing, facility for intermediate care or
residential facility for groups.

(e) Violates any regulation of the Board prescribing
additional standards of conduct for nursing facility administrators or
administrators of residential facilities for groups.

2. The Board shall give a licensee against whom
proceedings are brought pursuant to this section written notice of a hearing
not less than 10 days before the date of the hearing.

3. If discipline is imposed pursuant to this section,
the costs of the proceeding, including investigative costs and attorneys fees,
may be recovered by the Board.

Sec. 8. 1. The Department of Human Resources shall
develop a plan for increasing the number of beds in this state that are used to
provide long-term care to persons with any form of dementia, including, without
limitation, dementia caused by Alzheimers disease. The plan must include
various methods for increasing the number of such beds, including, without
limitation:

(a) Changing the rate at which Medicaid reimburses
facilities for providing long-term care to persons with any form of dementia;

(b) The use of financial policies and incentives to
encourage and facilitate the development and creation of such beds; and

(c) The use or modification of existing public and private
facilities in this state for providing long-term care to persons with any form
of dementia.

2. The Department of Human Resources shall submit the plan
to the Interim Finance Committee and the Legislative Committee on Health Care
on or before June 30, 2004.

Sec. 9. 1. This act becomes effective on July 1,
2003.

2. Section 5 of this act expires by limitation on the date
on which the provisions of 42 U.S.C. § 666 requiring each state to establish
procedures under which the state has authority to withhold or suspend, or to
restrict the use of professional, occupational and recreational licenses of
persons who:

(a) Have failed to comply with a subpoena or warrant
relating to a proceeding to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or
more children,

are repealed by the Congress of the United States.

3. Section 6 of this act becomes effective on the date on
which the provisions of 42 U.S.C. § 666 requiring each state to establish
procedures under which the state has authority to withhold or suspend, or to
restrict the use of professional, occupational and recreational licenses of
persons who:

(a) Have failed to comply with a subpoena or warrant
relating to a proceeding to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or
more children,

AN ACT relating to
criminal procedure; revising the provisions regarding notification of victims
of a crime if the defendant is released before or during a trial; providing
that a victim can request information concerning the release of the defendant
by telephone in certain circumstances; and providing other matters properly relating
thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 178.5698 is hereby amended to
read as follows:

178.5698 1. The prosecuting attorney, sheriff or
chief of police shall, upon the [written] request of a victim or witness,
inform him:

(a) When the defendant is released from custody at any
time before or during the trial[;] , including, without limitation, when
the defendant is released pending trial or subject to electronic supervision;

(b) If the defendant is so released, the amount of bail
required, if any; and

(c) Of the final disposition of the criminal case in
which he was directly involved.

2. A
request for information pursuant to subsection 1 must be made:

(a) In
writing; or

(b) By
telephone through an automated or computerized system of notification, if such
a system is available.

3. If
an offender is convicted of a sexual offense or an offense involving the use or
threatened use of force or violence against the victim, the court shall
provide:

(a) To each witness, documentation that includes:

(1) A form advising the witness of the right to
be notified pursuant to subsection [4;] 5;

(2) The form that the witness must use to
request notification[;]in writing; and

(3) The form or procedure that the witness must
use to provide a change of address after a request for notification has been
submitted.

(b) To each person listed in subsection [3,]4, documentation
that includes:

(1) A form advising the person of the right to be
notified pursuant to subsection [4 or] 5 or 6 and NRS 176.015, 176A.630, 209.392,
209.3925, 209.521, 213.010, 213.040, 213.095 and 213.130;

(2) The forms that the person must use to
request notification; and

(3) The forms or procedures that the person must
use to provide a change of address after a request for notification has been
submitted.

[3.] 4. The following persons are entitled to
receive documentation pursuant to paragraph (b) of subsection [2:] 3:

(a) A person against whom the offense is committed.

(b) A person who is injured as a direct result of the
commission of the offense.

(c) If a person listed in paragraph (a) or (b) is under
the age of 18 years, each parent or guardian who is not the offender.

(d) Each surviving spouse, parent and child of a person
who is killed as a direct result of the commission of the offense.

(e) A relative of a person listed in paragraphs (a) to
(d), inclusive, if the relative requests in writing to be provided with the
documentation.

[4.] 5. Except as otherwise provided in
subsection [5,] 6, if the offense was a felony and the
offender is imprisoned, the warden of the prison shall, if the victim or
witness so requests in writing and provides his current address, notify him at
that address when the offender is released from the prison.

[5.] 6. If the offender was convicted of a
violation of subsection 3 of NRS 200.366 or a violation of subsection 1,
paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of
subsection 2 of NRS 200.508, the warden of the prison shall notify:

(a) The immediate family of the victim if the immediate
family provides their current address;

(b) Any member of the victims family related within
the third degree of consanguinity, if the member of the victims family so
requests in writing and provides his current address; and

(c) The victim, if he will be 18 years of age or older
at the time of the release and has provided his current address,

before the offender is released from prison.

[6.]7. The warden must not be held responsible
for any injury proximately caused by his failure to give any notice required
pursuant to this section if no address was provided to him or if the address
provided is inaccurate or not current.

[7.]8. As used in this section:

(a) Immediate family means any adult relative of the
victim living in the victims household.

AN ACT relating to
protection of children; revising the provisions governing the purpose,
membership and procedure of a multidisciplinary team to review the death of a
child; increasing the fee for a certificate of death to support the reviews;
and providing other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 432B of NRS is hereby
amended by adding thereto the provisions set forth as sections 2 to 6,
inclusive, of this act.

Sec. 2. The
purpose of organizing multidisciplinary teams to review the deaths of children
pursuant to NRS 432B.405 and sections 2 to 6, inclusive, of this act, is to:

1. Review the
records of selected cases of deaths of children under 18 years of age in this
state;

2. Review the
records of selected cases of deaths of children under 18 years of age who are
residents of Nevada and who die in another state;

3. Assess and
analyze such cases;

4. Make
recommendations for improvements to laws, policies and practice;

5. Support the
safety of children; and

6. Prevent
future deaths of children.

Sec. 3. 1. A
multidisciplinary team to review the death of a child that is organized by an
agency which provides child welfare services pursuant to NRS 432B.405 must
include, insofar as possible:

(a) A
representative of any law enforcement agency that is involved with the case
under review;

(b) Medical
personnel;

(c) A
representative of the district attorneys office in the county where the case
is under review;

(d) A
representative of any school that is involved with the case under review;

(e) A
representative of any agency which provides child welfare services that is
involved with the case under review; and

(f) A
representative of the coroners office.

2. A
multidisciplinary team may include such other representatives of other
organizations concerned with the death of the child as the agency which
provides child welfare services deems appropriate for the review.

Sec. 4. 1.
A multidisciplinary team to review the death of a child is entitled to access
to:

(a) All
investigative information of law enforcement agencies regarding the death;

(b) Any autopsy
and coroners investigative records relating to the death;

(d) Any records
of social and rehabilitative services or of any other social service agency
which has provided services to the child or the childs family.

2. Each
organization represented on a multidisciplinary team to review the death of a
child shall share with other members of the team information in its possession
concerning the child who is the subject of the review, any siblings of the
child, any person who was responsible for the welfare of the child and any
other information deemed by the organization to be pertinent to the review.

3. A
multidisciplinary team to review the death of a child may petition the district
court for the issuance of, and the district court may issue, a subpoena to
compel the production of any books, records or papers relevant to the cause of
any death being investigated by the team. Any books, records or papers received
by the team pursuant to the subpoena shall be deemed confidential and
privileged and not subject to disclosure.

4. Information
acquired by, and the records of, a multidisciplinary team to review the death
of a child are confidential, must not be disclosed, and are not subject to
subpoena, discovery or introduction into evidence in any civil or criminal
proceeding.

Sec. 5. 1.
The report and recommendations of a multidisciplinary team to review the death
of a child must be transmitted to an administrative team for review.

2. An
administrative team must consist of administrators of agencies which provide
child welfare services, and agencies responsible for vital statistics, public
health, mental health and public safety.

3. The
administrative team shall review the report and recommendations and respond in
writing to the multidisciplinary team within 90 days after receiving the
report.

Sec. 6. 1.
The Administrator of the Division shall establish an Executive Committee to
Review the Death of Children, consisting of representatives from
multidisciplinary teams formed pursuant to NRS 432B.405 and section 3 of this act,
vital statistics, law enforcement, public health and the Office of the Attorney
General.

2. The
Executive Committee shall:

(a) Adopt
statewide protocols for the review of the death of a child;

(b) Designate
the members of an administrative team for the purposes of section 5 of this
act;

(c) Oversee
training and development of multidisciplinary teams to review the death of
children; and

(d) Compile and
distribute a statewide annual report, including statistics and recommendations
for regulatory and policy changes.

3. The Review
of Death of Children Account is hereby created in the State General Fund. The
Executive Committee may use money in the Account to carry out the provisions of
NRS 432B.405 and sections 2 to 6, inclusive, of this act.

Sec. 7. NRS 432B.405 is hereby amended to
read as follows:

432B.405 1. An agency which provides child welfare
services:

(a) May organize one or more multidisciplinary teams to
review the death of a child; and

(b) Shall organize one or more multidisciplinary teams
to review the death of a child [upon]under any of the following circumstances:

(1)
Upon receiving a written request from an adult related to the
child within the third degree of consanguinity, if the request is received by
the agency within 1 year after the date of death of the child[.

2. Members
of a team organized pursuant to subsection 1 serve at the invitation of the
agency and must include representatives of other organizations concerned with
education, law enforcement or physical or mental health.

3. Each
organization represented on such a team may share with other members of the
team information in its possession concerning the child who is the subject of
the review, siblings of the child, any person who was responsible for the
welfare of the child and any other information deemed by the organization to be
pertinent to the review.

4. Before
establishing any child death review team, an agency shall adopt a written
protocol describing its objectives and the structure of such a team.];

(2)
If a child dies while in the custody of or involved with an agency which
provides child welfare services, or if the childs family previously received
services from such an agency;

(3)
If the death is alleged to be from abuse or neglect of the child;

(4)
If a sibling, household member or daycare provider has been the subject of a
child abuse and neglect investigation within the previous 12 months, including
cases in which the report was unsubstantiated or the investigation is currently
pending;

(5)
If the child was adopted through an agency which provides child welfare
services; or

(6)
If the child died of Sudden Infant Death Syndrome.

2. A
review conducted pursuant to subparagraph (2) of paragraph (b) of subsection 1
must occur within 3 months after the issuance of a certificate of death.

Sec. 8. NRS 440.170 is hereby amended to read
as follows:

440.170 1. All certificates in the custody of the
State Registrar are open to inspection subject to the provisions of this
chapter. It is unlawful for any employee of the State to disclose data
contained in vital statistics, except as authorized by this chapter or by the
Board.

2. Information in vital statistics indicating that a
birth occurred out of wedlock must not be disclosed except upon order of a
court of competent jurisdiction.

3. The Board:

(a) Shall allow the use of data contained in vital
statistics to carry out the provisions of NRS 442.300 to 442.330, inclusive; [and]

(b) Shall
allow the use of certificates of death by a multidisciplinary team to review
the death of a child established pursuant to NRS 432B.405 and section 3 of this
act; and

(c) May
allow the use of data contained in vital statistics for other research
purposes, but without identifying the persons to whom the records relate.

Sec. 9. NRS 440.690 is hereby amended to read
as follows:

440.690 1. The State Registrar shall keep a true and
correct account of all fees received under this chapter.

2. The money collected pursuant to subsection 2 of NRS
440.700 must be remitted by the State Registrar to the State Treasurer for
credit to the Childrens Trust Account . [, and any]The
money collected pursuant to subsection 3 of
NRS 440.700 must be remitted by the State Registrar to the State Treasurer for
credit to the Review of Death of Children Account.

subsection 3 of
NRS 440.700 must be remitted by the State Registrar to the State Treasurer for
credit to the Review of Death of Children Account. Any other
proceeds accruing to the State of Nevada under the provisions of this chapter
must be forwarded to the State Treasurer for deposit in the State General Fund.

3. Upon the approval of the State Board of Examiners
and pursuant to its regulations, the Health Division may maintain an account in
a bank or credit union for the purpose of refunding overpayments of fees for
vital statistics.

Sec. 10. NRS 440.700 is hereby amended to
read as follows:

440.700 1. The State Registrar shall charge and
collect the following fees:

For searching the
files for one name, if no copy is made.................... $8

For verifying a
vital record........................................................................... 8

For establishing
and filing a record of paternity (other than a hospital-based paternity), and
providing a certified copy of the new record.............................................................................................. 20

For a certified
copy of a record of birth.................................................. 11

For a certified
copy of a record of death............................................ [8] 9

For correcting a
record on file with the State Registrar and providing a certified copy of the
corrected record 20

For replacing a
record on file with the State Registrar and providing a certified copy of the
new record 20

For filing a
delayed certificate of birth and providing a certified copy of the certificate 20

For the services
of a Notary Public, provided by the State Registrar... 2

For an index of
records of marriage provided on microfiche to a person other than a county
recorder of a county of this state...................................................................................................... 200

For an index of
records of divorce provided on microfiche to a person other than a county
recorder of a county in this state 100

2. The fee collected for furnishing a copy of a
certificate of birth or death [must include]includes the sum of $3 for
credit to the Childrens Trust Account.

3. The
fee collected for furnishing a copy of a certificate of death includes the sum
of $1 for credit to the Review of Death of Children Account.

4. Upon
the request of any parent or guardian, the State Registrar shall supply,
without the payment of a fee, a certificate limited to a statement as to the
date of birth of any child as disclosed by the record of such birth when the
certificate is necessary for admission to school or for securing employment.

[4.]5. The United States Bureau of the Census may
obtain, without expense to the State, transcripts or certified copies of births
and deaths without payment of a fee.

AN ACT relating to
veterans cemeteries; revising the provisions governing financial support for
veterans cemeteries; providing for the employment of additional employees to
operate veterans cemeteries; authorizing the use of the remainder of certain
gifts of money and personal property donated for use at veterans cemeteries;
and providing other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 417.220 is hereby amended to
read as follows:

417.220 1. The Account for Veterans Affairs is
hereby created in the State General Fund.

2. Money received by the Executive Director or the
Deputy Executive Director from:

(a) Fees charged pursuant to NRS 417.210;

(b) Allowances for burial from the Department of
Veterans Affairs[;]or other
money provided by the Federal Government for the support of veterans
cemeteries;

(c) Receipts from the sale of gifts and general
merchandise; [and]

(d) Grants
obtained by the Executive Director or the Deputy Executive Director for the
support of veterans cemeteries; and

(e) Except
as otherwise provided in subsection 6 and NRS 417.145 and 417.147, gifts of
money and proceeds derived from the sale of gifts of personal property that he is authorized to
accept, if the use of such gifts has not been restricted by the donor,

must be deposited with the State Treasurer for credit to the
Account for Veterans Affairs and must be accounted for separately for a veterans
cemetery in northern Nevada or a veterans cemetery in southern Nevada,
whichever is appropriate.

3. The interest and income earned on the money
deposited pursuant to subsection 2, after deducting any applicable charges,
must be accounted for separately. Interest and income must not be computed on:

(a) Money appropriated from the State General Fund to the
Account for Veterans Affairs.

(b) Fees charged pursuant to NRS 417.110 that are
deposited in the Account for Veterans Affairs.

4. [Except as otherwise provided in subsection 6, the]The money
deposited pursuant to subsection 2 may only be used for the operation and
maintenance of the cemetery for which the money was collected.In addition to personnel he is authorized to employ pursuant to NRS
417.200, the Executive Director may use money deposited pursuant to subsection
2 to employ such additional employees as are necessary for the operation and
maintenance of the cemeteries, except that the number of such additional
full-time employees that the Executive Director may employ at each cemetery
must not exceed 60 percent of the number of full-time employees for national
veterans cemeteries that is established by the National Cemetery
Administration of the United States Department of Veterans Affairs.

to personnel he
is authorized to employ pursuant to NRS 417.200, the Executive Director may use
money deposited pursuant to subsection 2 to employ such additional employees as
are necessary for the operation and maintenance of the cemeteries, except that
the number of such additional full-time employees that the Executive Director
may employ at each cemetery must not exceed 60 percent of the number of
full-time employees for national veterans cemeteries that is established by
the National Cemetery Administration of the United States Department of
Veterans Affairs.

5. Except as otherwise provided in subsection [6,]7,
gifts of personal property which the Executive Director or the Deputy Executive
Director is authorized to receive but which are not appropriate for conversion
to money may be used in kind.

6. The Gift Account for Veterans Cemeteries is hereby
created in the State General Fund. [The Executive Director or
the Deputy Executive Director shall use gifts of money or personal property
that he is authorized to accept and for which the donor has restricted to one
or more uses at a veterans cemetery, only in the manner designated by the
donor.]Gifts of money that
the Executive Director or the Deputy Executive Director is authorized to accept
and [for] which the donor has
restricted to one or more uses at a veterans cemetery must be accounted for
separately in the Gift Account for Veterans Cemeteries. The interest and
income earned on the money deposited pursuant to this subsection must, after
deducting any applicable charges, be accounted for separately for a veterans
cemetery in northern Nevada or a veterans cemetery in southern Nevada, as
applicable. Any money remaining in the Gift Account for Veterans Cemeteries at
the end of each fiscal year does not revert to the State General Fund, but must
be carried over into the next fiscal year.

7. The
Executive Director or the Deputy Executive Director shall use gifts of money or
personal property that he is authorized to accept and for which the donor has
restricted to one or more uses at a veterans cemetery in the manner designated
by the donor, except that if the original purpose of the gift has been
fulfilled or the original purpose cannot be fulfilled for good cause, any money
or personal property remaining in the gift may be used for other purposes at
the veterans cemetery in northern Nevada or the veterans cemetery in southern
Nevada, as appropriate.

AN ACT relating to
elections; requiring that the names of candidates for certain nonpartisan
offices who are unopposed be placed on the ballot for a primary election;
requiring that, under certain circumstances, such a candidate be declared
elected to office following the primary election and that his name not be
placed on the ballot for a general election; and providing other matters
properly relating thereto.

[Approved: May 22,
2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 293.260 is hereby amended to
read as follows:

293.260 1. Where there is no contest of election for nomination
to a particular office, neither the title of the office nor the name of the
candidate may appear on the ballot.

2. If more than one major political party has
candidates for a particular office, the persons who receive the highest number
of votes at the primary elections must be declared the nominees of those
parties for the office.

3. If only one major political party has candidates
for a particular office and a minor political party has nominated a candidate
for the office or an independent candidate has filed for the office, the
candidate who receives the highest number of votes in the primary election of
the major political party must be declared the nominee of that party and his
name must be placed on the general election ballot with the name of the nominee
of the minor political party for the office and the name of the independent
candidate who has filed for the office.

4. If only one major political party has candidates
for a particular office and no minor political party has nominated a candidate
for the office [or]and no independent
candidate has filed for the office:

(a) If there are more candidates than twice the number
to be elected to the office, the names of the candidates must appear on the
ballot for a primary election. Except as otherwise provided in this paragraph,
the candidates of that party who receive the highest number of votes in the
primary election, not to exceed twice the number to be elected to that office
at the general election, must be declared the nominees for the office. If only
one candidate is to be elected to the office and a candidate receives a
majority of the votes in the primary election for that office, that candidate
must be declared the nominee for that office and his name must be placed on the
ballot for the general election.

(b) If there are no more than twice the number of
candidates to be elected to the office, the candidates must, without a primary
election, be declared the nominees for the office.

5. Where no more than the number of candidates to be
elected have filed for nomination for [any office,]:

(a) Any partisan office or the office of justice of the
Supreme Court, the names of those candidates must be omitted from
all ballots for a primary election and placed on all ballots for a general election; and

(b) Any
nonpartisan office, other than the office of justice of the Supreme Court, the
names of those candidates must appear on the ballot for a primary election
unless the candidates were nominated pursuant to subsection 2 of NRS 293.165.
If a candidate receives one or more votes at the primary election, he must be
declared elected to the office and his name must not be placed on the ballot
for the general election. If a candidate does not receive one or more votes at
the primary election, his name must be placed on the ballot for the general election.

6. If there are more candidates than twice the number
to be elected to a nonpartisan office, the names of the candidates must appear
on the ballot for a primary election. Those candidates who receive the highest
number of votes at that election, not to exceed twice the number to be elected,
must be declared nominees for the office.

________

CHAPTER 167, AB 424

Assembly Bill No. 424Assemblyman Geddes (by request)

CHAPTER 167

AN ACT relating to
state purchasing; revising the provisions concerning certain penalties for a
person who has entered into a contract with an agency of this state and who
fails to perform according to the terms of the contract; and providing other
matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 333.365 is hereby amended to
read as follows:

333.3651. A person who has entered into a
contract with the Purchasing Division or another agency of this state and who does
not perform according to the terms of the contract is liable for, in addition
to any other applicable damages for breach of contract, a penalty of not more
than 5 percent of the total value of the bid [.]or
contract. The penalty must be recovered in a civil action upon
the complaint of the Chief in any court of competent jurisdiction. In addition
to recovering the penalty and any other applicable damages, the Chief may [remove
the name of the person from the list of bidders and]refuse to accept a bid from [him]the person or refuse to award a
contract to the person, or both, for not more than 2 years.

2. If the Chief does not bring an action to recover
the penalty prescribed by subsection 1, he may:

(a) [Remove the name of the person from the list of bidders and
refuse]Refuse
to accept a bid from [him]the
person, refuse to award a contract to the person, or both, for
not more than 2 years; and

(b) Impose an administrative penalty, in an amount not
to exceed 5 percent of the total value of the bid [.]or
contract. Such a penalty may be recovered only after notice is
given to the person by mail.

3. [If the Chief has removed the name of a person from the list
of bidders, that person must apply to the Chief to have his name reinstated on
the list of bidders.

4.]A penalty imposed pursuant to subsection 1 or 2 may
be deducted from any payment due the person or, if a bond has been issued or a
check received, a claim may be made against the bond or check. If no payment is
due and no bond was issued or check received, the Chief may issue a claim for
payment of the penalty. The claim must be paid within 30 days.

________

CHAPTER 168, AB 443

Assembly Bill No. 443Committee on Judiciary

CHAPTER 168

AN ACT relating to
controlled substances; providing for an additional penalty for selling or
providing certain controlled substances where the use of the controlled
substance results in death or substantial bodily harm and the defendant failed
to render or seek the necessary medical assistance; and providing other matters
properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 453 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in NRS 193.169, a defendant who is found guilty of violating
NRS 453.321 or 453.333 where:

(a) The use of
the controlled substance by a person resulted in death or substantial bodily
harm to the person;

(b) The
defendant was in the presence of the injured person when he manifested an
adverse physical reaction to the controlled substance; and

(c) The
defendant failed to render or seek necessary medical assistance for the injured
person in a timely manner,

shall be punished by
imprisonment in the state prison for a term equal to and in addition to the
term of imprisonment prescribed by statute for the crime. The sentence
prescribed by this section runs consecutively with the sentence prescribed by
statute for the crime.

2. This
section does not create a separate offense but provides an additional penalty
for the primary offense, whose imposition is contingent upon the finding of the
prescribed fact.

Sec. 2. NRS 193.169 is hereby amended to read as
follows:

193.169 1. A person who is sentenced to an additional
term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.161,
NRS 193.162, 193.163, 193.165, 193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act must
not be sentenced to an additional term of imprisonment pursuant to any of the
other listed sections even if the persons conduct satisfies the requirements
for imposing an additional term of imprisonment pursuant to another one or more
of those sections.

2. A person who is
sentenced to an alternative term of imprisonment pursuant to subsection 2 of
NRS 193.161 must not be sentenced to an additional term of imprisonment
pursuant to subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165,
193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act
even if the persons conduct satisfies the requirements for imposing an
additional term of imprisonment pursuant to another one or more of those
sections.

section 1 of this act even if the persons
conduct satisfies the requirements for imposing an additional term of
imprisonment pursuant to another one or more of those sections.

3. This section does not:

(a) Affect other penalties or limitations upon
probation or suspension of a sentence contained in the sections listed in
subsection 1 or 2.

(b) Prohibit alleging in the alternative in the
indictment or information that the persons conduct satisfies the requirements
of more than one of the sections listed in subsection 1 or 2 and introducing
evidence to prove the alternative allegations.

________

CHAPTER 169, AB 445

Assembly Bill No. 445Committee on Health and Human Services

CHAPTER 169

AN ACT relating to
welfare; transferring certain duties relating to Medicaid from the Welfare
Division of the Department of Human Resources to the Department of Human
Resources and from the State Welfare Administrator to the Director of the
Department of Human Resources; revising the definition of the undivided
estate of a deceased recipient of Medicaid; requiring the Director of the
Department of Human Resources to adopt certain regulations; providing that
certain provisions of law do not apply to the recovery of money owed to the
Department of Human Resources as a result of the payment of benefits for
Medicaid; repealing the requirement that the State Plan for Medicaid include a
requirement that certain senior citizens are eligible for Medicaid for
long-term care; and providing other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 422 of NRS is hereby
amended by adding thereto a new section to read as follows:

2. May adopt
such regulations as are necessary for the administration of those provisions;
and

3. May invoke
any legal, equitable or special procedures for the enforcement of those
provisions.

Sec. 2. NRS 422.054 is hereby amended to read
as follows:

422.054 Undivided estate means all real and personal
property and other assets included in the estate of a deceased recipient of
Medicaid and any other real and personal property and other assets in or to
which he had an interest or legal title immediately before or at the time of
his death, to the extent of that interest or title. The term includes, without
limitation, assets conveyed to a survivor, heir or assign of the deceased
recipient through or as the result of any joint tenancy, tenancy in common,
survivorship, life estate, living trust , annuity, declaration of homestead or
other arrangement .

the result of
any joint tenancy, tenancy in common, survivorship, life estate,
living trust , annuity,
declaration of homestead or other arrangement . [, including, without
limitation, any of the decedents separate property and his interest in
community property that was transferred to a community spouse pursuant to NRS
123.259 or pursuant to an order of a district court under any other provision
of law.]

Sec. 3. NRS 422.222 is hereby amended to read
as follows:

422.222 The State Welfare Administrator may adopt such
regulations as are necessary for the administration of NRS 422.160 to 422.2345,
inclusive, 422.2931 to [422.2936,]422.29324, inclusive,
and 422.310 to 422.3754, inclusive, and any program of the Welfare Division.

Sec. 4. NRS 422.230 is hereby amended to read
as follows:

422.230 The State Welfare Administrator shall:

1. Supply the Director with material on which to base
proposed legislation.

2. Cooperate with the Federal Government and state
governments for the more effective attainment of the purposes of this chapter.

3. Coordinate the activities of the Welfare Division
with other agencies, both public and private, with related or similar
activities.

4. Keep a complete and accurate record of all
proceedings, record and file all bonds and contracts, and assume responsibility
for the custody and preservation of all papers and documents pertaining to his office.

5. Inform the public in regard to the activities and
operation of the Welfare Division, and provide other information which will
acquaint the public with problems relating to welfare.

6. Conduct studies into the causes of the social
problems with which the Welfare Division is concerned.

7. Provide leadership in the community in order that
all welfare activities are pointed toward the single goal of improving the
public welfare.

8. Invoke any legal, equitable or special procedures
for the enforcement of his orders or the enforcement of the provisions of NRS
422.160 to 422.2345, inclusive, 422.2931 to [422.2936,]422.29324,
inclusive, and 422.310 to 422.3754, inclusive.

9. Exercise any other powers that are necessary and
proper for the standardization of state work, to expedite business, to ensure
fair consideration of applications for aid, and to promote the efficiency of
the service provided by the Welfare Division.

Sec. 5. NRS 422.240 is hereby amended to read
as follows:

422.240 1. Money to carry out the provisions of NRS
422.001 to 422.410, inclusive, and
section 1 of this act and 422.580, including, without limitation,
any federal money allotted to the State of Nevada pursuant to the program to
provide Temporary Assistance for Needy Families and the Program for Child Care
and Development, must be provided by appropriation by the Legislature from the
State General Fund.

2. Disbursements for the purposes of NRS 422.001 to
422.410, inclusive, and section 1
of this act and 422.580 must be made upon claims duly filed,
audited and allowed in the same manner as other money in the State Treasury is
disbursed.

Sec. 6. NRS 422.272 is hereby amended to read
as follows:

422.272 1. [Except as otherwise
provided in NRS 422.2725, the]The Director shall include in the State Plan
for Medicaid a requirement that the State shall pay the nonfederal share of
expenditures for the medical, administrative and
transactional costs, to the extent not covered by private insurance, of a
person:

administrative and transactional costs, to the extent not
covered by private insurance, of a person:

(a) Who is admitted to a hospital, facility for
intermediate care or facility for skilled nursing for not less than 30
consecutive days;

(b) Who is covered by the State Plan for Medicaid; and

(c) Whose net countable income per month is not more
than $775 or 156 percent of the supplemental security income benefit rate
established pursuant to 42 U.S.C. § 1382(b)(1), whichever is greater.

2. As used in this section:

(a) Facility for intermediate care has the meaning
ascribed to it in NRS 449.0038.

(b) Facility for skilled nursing has the meaning
ascribed to it in NRS 449.0039.

(c) Hospital has the meaning ascribed to it in NRS
449.012.

Sec. 7. NRS 422.2931 is hereby amended to
read as follows:

422.2931 The State Welfare Administrator and the Welfare
Division shall administer the provisions of NRS 422.160 to 422.2345, inclusive,
422.2931 to [422.2936,]422.29324, inclusive, and
422.310 to 422.3754, inclusive, subject to administrative supervision by the
Director.

Sec. 8. NRS 422.2935 is hereby amended to
read as follows:

422.2935 1. Except as otherwise provided in this
section and to the extent it is not prohibited by federal law and when
circumstances allow, the [Welfare Division]Department shall recover benefits correctly
paid for Medicaid from:

(a) The undivided estate of the person who received
those benefits; and

(b) Any recipient of money or property from the
undivided estate of the person who received those benefits.

2. The [Welfare Division]Department shall not recover benefits pursuant
to subsection 1, except from a person who is neither a surviving spouse nor a
child, until after the death of the surviving spouse, if any, and only at a
time when the person who received the benefits has no surviving child who is
under 21 years of age,[or is]blind
or [permanently and totally]disabled.

3. Except as otherwise provided by federal law, if a
transfer of real or personal property by a recipient of Medicaid is made for
less than fair market value, the [Welfare Division]Department
may pursue any remedy available pursuant to chapter 112 of NRS with
respect to the transfer.

4. The amount of Medicaid paid to or on behalf of a
person is a claim against the estate in any probate proceeding only at a time
when there is no surviving spouse or surviving child who is under 21 years of
age ,[or is]blind or [permanently and totally]disabled.

5. The [State Welfare Administrator]Director
may elect not to file a claim against the estate of a recipient
of Medicaid or his spouse if [he]the Director determines
that the filing of the claim will cause an undue hardship for the spouse or
other survivors of the recipient. The [State Welfare
Administrator]Director shall adopt
regulations defining the circumstances that constitute an undue hardship.

6. Any recovery of money obtained pursuant to this
section must be applied first to the cost of recovering the money. Any
remaining money must be divided among the Federal Government, the Department
and the county in the proportion that the amount of assistance each contributed
to the recipient bears to the total amount of the assistance contributed.

7. Any recovery by the [Welfare Division]Department
from the undivided estate of a recipient pursuant to this section
must be paid in cash to the extent of:

(a) The amount of Medicaid paid to or on behalf of the
recipient after October 1, 1993; or

(b) The value of the remaining assets in the undivided
estate,

whichever is less.

Sec. 9. NRS 422.29353 is hereby amended to
read as follows:

422.29353 1. Except as otherwise provided in this
section, the [Welfare Division]Department shall,
to the extent that it is not prohibited by federal law, recover from a
recipient of public assistance, the estate of the recipient, the undivided
estate of a recipient of Medicaid or a person who signed the application for
public assistance on behalf of the recipient an amount not to exceed the amount
of public assistance incorrectly paid to the recipient, if the person who
signed the application:

(a) Failed to report any required information to the [Welfare
Division]Department that the person
knew at the time he signed the application; or

(b) Failed to report to the [Welfare Division]Department
within the period allowed by the [Welfare Division]Department
any required information that the person obtained after he filed
the application.

2. Except as otherwise provided in this section, a
recipient of incorrectly paid public assistance, the undivided estate of a
recipient of Medicaid or a person who signed the application for public
benefits on behalf of the recipient shall reimburse the [Division]Department
or appropriate state agency for the value of the incorrectly paid
public assistance.

3. The [State Welfare Administrator]Director
or his designee may, to the extent that it is not prohibited by
federal law, determine the amount of, and settle, adjust, compromise or deny a
claim against a recipient of public assistance, the estate of the recipient,
the undivided estate of a recipient of Medicaid or a person who signed the
application for public assistance on behalf of the recipient.

4. The [State Welfare Administrator]Director
may, to the extent that it is not prohibited by federal law,
waive the repayment of public assistance incorrectly paid to a recipient if the
incorrect payment was not the result of an intentional misrepresentation or
omission by the recipient and if repayment would cause an undue hardship to the
recipient. The [State Welfare Administrator]Director
shall, by regulation, establish the terms and conditions of such
a waiver, including, without limitation, the circumstances that constitute
undue hardship.

Sec. 10. NRS 422.29355 is hereby amended to
read as follows:

422.29355 1. The [Welfare Division]Department
may, to the extent not prohibited by federal law, petition for
the imposition of a lien pursuant to the provisions of NRS 108.850 against real
or personal property of a recipient of Medicaid as follows:

(a) The [Welfare Division]Department may
obtain a lien against a recipients property, both real or personal, before or
after his death in the amount of assistance paid or to be paid on his behalf if
the court determines that assistance was incorrectly paid for the recipient.

(b) The [Welfare Division]Department may
seek a lien against the real property of a recipient at any age before his
death in the amount of assistance paid or to be paid for him if he is an
inpatient in a nursing facility, intermediate care
facility for the mentally retarded or other medical institution and the
[Welfare Division] Department determines, after notice and opportunity for a
hearing in accordance with [its] applicable regulations, that [he] the
recipient cannot reasonably be expected to be discharged and return home.

intermediate care facility for the mentally retarded or other
medical institution and the [Welfare Division]Department determines,
after notice and opportunity for a hearing in accordance with [its]applicable
regulations, that [he]the recipient cannot
reasonably be expected to be discharged and return home.

2. No lien may be placed on a recipients home
pursuant to paragraph (b) of subsection 1 for assistance correctly paid if:

(a) His spouse;

(b) His child who is under 21 years of age,[or]blind or [permanently and totally]disabled as determined in accordance with 42 U.S.C. §
1382c; or

(c) His brother or sister who is an owner or part owner
of the home and who was residing in the home for at least 1 year immediately
before the date the recipient was admitted to the medical institution,

is lawfully residing in the home.

3. Upon the death of a recipient, the [Welfare Division]Department
may seek a lien upon [his]the
recipients undivided estate as defined in NRS 422.054.

4. The [State Welfare Administrator]Director
shall release a lien pursuant to this section:

(a) Upon notice by the recipient or his representative
to the [Administrator]Director that the
recipient has been discharged from the medical institution and has returned
home;

(b) If the lien was incorrectly determined; or

(c) Upon satisfaction of the claim of the [Welfare
Division.]Department.

Sec. 11. NRS 422.2936 is hereby amended to
read as follows:

422.2936 Each application for Medicaid must include:

1. A statement that any assistance paid to a recipient
may be recovered in an action filed against the estate of the recipient or his
spouse; and

2. A statement that any person who signs an
application for Medicaid and fails to report:

(a) Any required information to the [Welfare
Division]Department which he knew
at the time he signed the application; or

(b) Within the period allowed by the [Welfare
Division,]Department, any required
information to the [Welfare Division]Department which
he obtained after he filed the application,

may be personally liable for any money incorrectly paid to
the recipient.

Sec. 12. NRS 40.525 is hereby amended to read
as follows:

40.525 1. If title or an interest in real or personal
property is affected by the death of any person, any other person who claims
any interest in the real or personal property, if his interest is affected by
the death of that person, or the State of Nevada, may file in the district
court of any county in which any part of the real or personal property is
situated a verified petition setting forth those facts and particularly
describing the real or personal property, the interest of the petitioner and
the interest of the deceased therein.

2. The clerk shall set the petition for hearing by the
court. Notice of hearing of the petition must be mailed, by certified mail,
return receipt requested, postage prepaid, to the heirs at law of the deceased
person at their places of business or residences, if known, and if not, by
publication for at least 3 successive weeks in such newspaper as the court
orders. The clerk shall send a copy of the notice of hearing or of the
affidavit to the [Welfare Division of the]Department of Human Resources by certified mail,
return receipt requested, postage prepaid, if the State
is not the petitioner, at the time notice is mailed to the heirs at law or the
notice is published.

receipt requested, postage prepaid, if the State is not the
petitioner, at the time notice is mailed to the heirs at law or the notice is
published. Failure on the part of any such heir at law to contest the petition
precludes any such heir at law from thereafter contesting the validity of the
joint interest or its creation or termination.

3. The court shall take evidence for or against the
petition, and may render judgment thereon establishing the fact of the death
and the termination of the interest of the deceased in the real or personal
property described in the petition.

4. A certified copy of the decree may be recorded in
the office of the recorder of each county in which any part of the real or
personal property is situated.

5. As an alternative method of terminating the interest of
the deceased person, if title or an interest in real or personal property held
in joint tenancy or as community property with right of survivorship is
affected by the death of a joint tenant or spouse, any person who has knowledge
of the facts may record in the office of the county recorder in the county where
the property is situated an affidavit meeting the requirements of NRS 111.365,
accompanied by a certified copy of the death certificate of the deceased
person.

Sec. 13. NRS 108.860 is hereby amended to
read as follows:

108.860 1. A petition for the imposition of a lien
must be signed by or on behalf of the [State Welfare
Administrator]Director of the Department of Human
Resources or the Attorney General and filed with the clerk of the
court, who shall set the petition for hearing.

2. Notice of a petition for the imposition of a lien
must be given by registered or certified mail, postage prepaid, at least 10
days before the date set for hearing or other action by the court. Each such
notice must be addressed to the intended recipient at his last address known to
the [Administrator,]Director, receipt for
delivery requested. The [Administrator]Director shall cause the
notice to be published, at least once a week for 3 successive weeks, in one
newspaper published in the county, and if there is no newspaper published in
the county, then in such mode as the court may determine, notifying all persons
claiming any interest in the property of the filing of the petition, the object
and the location, date and time of the hearing.

3. Notice of a petition for the imposition of a lien
must be given to:

(a) Each person who has requested notice;

(b) The person who is receiving or has received
benefits for Medicaid;

(c) The legal guardian or representative of a person
who is receiving or has received benefits for Medicaid, if any;

(d) Each executor, administrator or trustee of the
estate of a decedent who received benefits for Medicaid, if any;

(e) The heirs of such a decedent known to the [Administrator;]Director;
and

(f) Each person who is claiming any interest in the
property or who is listed as having any interest in the subject property,

and must state the filing of the petition, the object, and
the time set for hearing.

4. At the time appointed, or at any other time to
which the hearing may be continued, upon proof being made by affidavit or
otherwise to the satisfaction of the court that notice has been given as
required by this chapter, the court shall proceed to hear
the testimony in support of the petition.

chapter, the court shall proceed to hear the testimony in
support of the petition. Each witness who appears and is sworn shall testify
orally.

5. The court shall make findings as to the
appropriateness of the lien and the amount of the lien.

6. At the time of the filing of the petition for
imposition of a lien , the [Administrator]Director
shall file a notice of pendency of the action in the manner
provided in NRS 14.010.

7. Upon imposition of the lien by the court, the [Administrator]Director
shall serve the notice of lien upon the owner by certified or
registered mail and file it with the office of the county recorder of each
county where real property subject to the lien is located.

8. The notice of lien must contain:

(a) The amount due;

(b) The name of the owner of record of the property;
and

(c) A description of the property sufficient for
identification.

9. If the amount due as stated in the notice of lien
is reduced by a payment, the [Administrator]Director shall amend the
notice of lien, stating the amount then due, within 20 days after receiving the
payment.

Sec. 14. NRS 108.870 is hereby amended to
read as follows:

108.870 The [State Welfare
Administrator]Director of the Department of Human
Resources may, to the extent not prohibited by 42 U.S.C. §
1396p(b), foreclose upon a lien for money owed to the Department of Human
Resources as a result of the payment of benefits for Medicaid by action in the
district court in the same manner as for foreclosure of any other lien.

Sec. 15. NRS 111.365 is hereby amended to
read as follows:

111.365 1. In the case of real property owned by two
or more persons as joint tenants or as community property with right of
survivorship, it is presumed that all title or interest in and to that real
property of each of one or more deceased joint tenants or the deceased spouse
has terminated, and vested solely in the surviving joint tenant or spouse or
vested jointly in the surviving joint tenants, if there has been recorded in
the office of the recorder of the county or counties in which the real property
is situate an affidavit, subscribed and sworn to by a person who has knowledge
of the facts required in this subsection, which sets forth the following:

(a) The family relationship, if any, of the affiant to
each deceased joint tenant or the deceased spouse;

(b) A description of the instrument or conveyance by
which the joint tenancy or right of survivorship was created;

(c) A description of the property subject to the joint
tenancy or right of survivorship; and

(d) The date and place of death of each deceased joint
tenant or the deceased spouse.

2. Each month, a county recorder shall send all the
information contained in each affidavit received by him pursuant to subsection
1 during the immediately preceding month to the [Welfare Division of the]Department of Human Resources in any format and by
any medium approved by the [Welfare Division.]Department.

Sec. 16. Chapter 115 of NRS is hereby amended
by adding thereto a new section to read as follows:

Nothing in this
chapter exempts any real or personal property from any statute of this state
that authorizes the recovery of money owed to the Department of Human Resources as a result of the payment of
benefits from Medicaid through the imposition or foreclosure of a lien against
the property of a recipient of Medicaid in the manner set forth in NRS 422.2935
to 422.2936, inclusive.

Department of Human
Resources as a result of the payment of benefits from Medicaid through the
imposition or foreclosure of a lien against the property of a recipient of
Medicaid in the manner set forth in NRS 422.2935 to 422.2936, inclusive.

Sec. 17. NRS 115.005 is hereby amended to
read as follows:

115.005 As used in this chapter, unless the context
otherwise requires:

1. Equity means the amount that is determined by
subtracting from the fair market value of the property[,]the value of any liens excepted from the homestead
exemption pursuant to subsection 3 of NRS 115.010[.]or
section 16 of this act.

2. Homestead means the property consisting of:

(a) A quantity of land, together with the dwelling
house thereon and its appurtenances;

(b) A mobile home whether or not the underlying land is
owned by the claimant; or

(c) A unit, whether real or personal property, existing
pursuant to chapter 116 or 117 of NRS, with any appurtenant limited common
elements and its interest in the common elements of the common-interest
community,

to be selected by the husband and wife, or either of them, or
a single person claiming the homestead.

Sec. 18. NRS 115.010 is hereby amended to
read as follows:

115.010 1. The homestead is not subject to forced
sale on execution or any final process from any court, except as otherwise
provided by subsections 2, 3 and 5[.], and
section 16 of this act.

2. The exemption provided in subsection 1 extends only
to that amount of equity in the property held by the claimant which does not
exceed $125,000 in value, unless allodial title has been established and not
relinquished, in which case the exemption provided in subsection 1 extends to
all equity in the dwelling, its appurtenances and the land on which it is
located.

3. Except as otherwise provided in subsection 4, the
exemption provided in subsection 1 does not extend to process to enforce the
payment of obligations contracted for the purchase of the property, or for
improvements made thereon, including any mechanics lien lawfully obtained, or
for legal taxes, or for:

(a) Any mortgage or deed of trust thereon executed and
given; or

(b) Any lien to which prior consent has been given
through the acceptance of property subject to any recorded declaration of
restrictions, deed restriction, restrictive covenant or equitable servitude,
specifically including any lien in favor of an association pursuant to NRS
116.3116 or 117.070,

by both husband and wife, when that relation exists.

4. If allodial title has been established and not
relinquished, the exemption provided in subsection 1 extends to process to
enforce the payment of obligations contracted for the purchase of the property,
and for improvements made thereon, including any mechanics lien lawfully
obtained, and for legal taxes levied by a state or local government, and for:

(a) Any mortgage or deed of trust thereon; and

(b) Any lien even if prior consent has been given
through the acceptance of property subject to any recorded declaration of
restrictions, deed restriction, restrictive covenant or equitable servitude,
specifically including any lien in favor of an
association pursuant to NRS 116.3116 or 117.070,

any lien in favor of an association pursuant to NRS 116.3116
or 117.070,

unless a waiver for the specific obligation to which the
judgment relates has been executed by all allodial titleholders of the
property.

5. Establishment of allodial title does not exempt the
property from forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, or
207.350 to 207.520, inclusive.

6. Any declaration of homestead which has been filed
before October 1, 1995, shall be deemed to have been amended on that date by
extending the homestead exemption commensurate with any increase in the amount
of equity held by the claimant in the property selected and claimed for the
exemption up to the amount permitted by law on that date, but the increase does
not impair the right of any creditor to execute upon the property when that
right existed before October 1, 1995.

Sec. 19. NRS 136.100 is hereby amended to
read as follows:

136.100 1. A petition for the probate of a will and
for the issuance of letters must be signed by the party petitioning, or the
attorney for the petitioner, and filed with the clerk of the court, who shall
set the petition for hearing.

2. The petitioner shall give notice of the hearing for
the period and in the manner provided in NRS 155.020 to the heirs of the
testator and the devisees named in the will, to all persons named as personal
representatives who are not petitioning and to the [Administrator of the
Welfare Division]Director of the Department
of Human Resources. The notice must be substantially in the form provided in
that section.

Sec. 20. NRS 139.100 is hereby amended to
read as follows:

139.100 The clerk shall set the petition for hearing,
and notice must be given to the heirs of the decedent and to the [Administrator
of the Welfare Division]Director of the Department
of Human Resources as provided in NRS 155.020. The notice must state the filing
of the petition, the object and the time for hearing.

Sec. 21. NRS 143.035 is hereby amended to
read as follows:

143.035 1. A personal representative shall use
reasonable diligence in performing the duties of the personal representative
and in pursuing the administration of the estate.

2. A personal representative in charge of an estate
that has not been closed shall:

(a) Within 6 months after the personal representatives
appointment, where no federal estate tax return is required to be filed for the
estate; or

(b) Within 15 months after the personal
representatives appointment, where a federal estate tax return is required to
be filed for the estate,

file with the court a report explaining why the estate has
not been closed.

3. Upon receiving the report, the clerk shall set a
time and place for a hearing of the report. The personal representative shall
send a copy of the report and shall give notice of the hearing, for the period
and in the manner provided in NRS 155.010, to:

(a) Each person whose interest is affected as an heir
or devisee; and

(b) The [Welfare Division of the]Department of Human Resources, if the [Welfare
Division]Department has filed a
claim against the estate.

4. At the hearing, the court shall determine whether
or not the personal representative has used reasonable diligence in the
administration of the estate, and if the personal representative has not, the
court may:

(2) Allow the personal representative additional
time for closing and order a subsequent report; or

(b) Revoke the letters of the personal representative,
appoint a successor and prescribe a reasonable time within which the successor
shall close the estate.

Sec. 22. NRS 145.060 is hereby amended to
read as follows:

145.060 1. A personal representative shall publish
and mail notice to creditors in the manner provided in NRS 155.020.

2. Creditors of the estate must file their claims, due
or to become due, with the clerk, within 60 days after the mailing to the
creditors for those required to be mailed, or 60 days after the first
publication of the notice to creditors pursuant to NRS 155.020, and within 10
days thereafter the personal representative shall allow or reject the claims
filed.

3. Any claim which is not filed within the 60 days is
barred forever, except that if it is made to appear, by the affidavit of the
claimant or by other proof to the satisfaction of the court, that the claimant
did not have notice as provided in NRS 155.020, the claim may be filed at any
time before the filing of the final account.

4. Every claim which is filed as provided in this
section and allowed by the personal representative[,]must then, and not until then, be ranked as an
acknowledged debt of the estate and be paid in the course of administration,
except that payment of small debts in advance may be made pursuant to
subsection 3 of NRS 150.230.

5. If a claim filed by the [Welfare Division of the]Department of Human Resources is rejected by the
personal representative, the [State Welfare Administrator]Director
of the Department may, within 20 days after receipt of the
written notice of rejection, petition the court for summary determination of
the claim. A petition for summary determination must be filed with the clerk,
who shall set the petition for hearing, and the petitioner shall give notice
for the period and in the manner required by NRS 155.010. Allowance of the
claim by the court is sufficient evidence of its correctness, and it must be
paid as if previously allowed by the personal representative.

Sec. 23. NRS 146.070 is hereby amended to
read as follows:

146.070 1. If a person dies leaving an estate the
gross value of which, after deducting any encumbrances, does not exceed
$50,000, and there is a surviving spouse or minor child or minor children of
the decedent, the estate must not be administered upon, but the whole estate,
after directing such payments as may be deemed just, must be, by an order for
that purpose, assigned and set apart for the support of the surviving spouse or
minor child or minor children, or for the support of the minor child or minor
children, if there is no surviving spouse. Even if there is a surviving spouse,
the court may, after directing such payments, set aside the whole of the estate
to the minor child or minor children, if it is in their best interests.

2. If there is no surviving spouse or minor child of
the decedent and the gross value of a decedents estate, after deducting any
encumbrances, does not exceed $50,000, upon good cause shown, the court shall
order that the estate not be administered upon, but the whole estate be
assigned and set apart in the following order:

(a) To the payment of funeral expenses, expenses of
last illness, money owed to the Department of Human Resources as a result of
payment of benefits for Medicaid and creditors, if there are any; and

(b) Any balance remaining to the claimant or claimants
entitled thereto pursuant to a valid will of the decedent, and if there is no
valid will, pursuant to intestate succession.

3. Proceedings taken under this section, whether or
not the decedent left a valid will, must not begin until at least 30 days after
the death of the decedent and must be originated by a petition containing:

(a) A specific description of all the decedents
property.

(b) A list of all the liens and mortgages of record at
the date of the decedents death.

(c) An estimate of the value of the property.

(d) A statement of the debts of the decedent so far as
known to the petitioner.

(e) The names and residences of the heirs and devisees
of the decedent and the age of any who is a minor and the relationship of the
heirs and devisees to the decedent, so far as known to the petitioner.

4. The clerk shall set the petition for hearing and
the petitioner shall give notice of the petition and hearing in the manner
provided in NRS 155.010 to the decedents heirs and devisees and to the [State
Welfare Administrator.]Director of the Department of Human
Resources. If a complete copy of the petition is not enclosed
with the notice, the notice must include a statement setting forth to whom the
estate is being set aside.

5. No court or clerks fees may be charged for the
filing of any petition in, or order of court thereon, or for any certified copy
of the petition or order in an estate not exceeding $2,500 in value.

6. If the court finds that the gross value of the
estate, less encumbrances, does not exceed the sum of $50,000, the court may
direct that the estate be distributed to the father or mother of a minor heir
or devisee, with or without the filing of any bond, or to a custodian under
chapter 167 of NRS, or may require that a general guardian be appointed and
that the estate be distributed to the guardian, with or without bond, as in the
discretion of the court is deemed to be in the best interests of the minor. The
court may direct the manner in which the money may be used for the benefit of
the minor.

Sec. 24. NRS 146.080 is hereby amended to
read as follows:

146.080 1. If a decedent leaves no real property, nor
interest therein, nor mortgage or lien thereon, in this state, and the gross
value of the decedents property in this state, over and above any amounts due
to the decedent for services in the Armed Forces of the United States, does not
exceed $20,000, a person who has a right to succeed to the property of the
decedent pursuant to the laws of succession for a decedent who died intestate
or pursuant to the valid will of a decedent who died testate, on behalf of all
persons entitled to succeed to the property claimed, or the [State
Welfare Administrator]Director of the Department of Human
Resources or public administrator on behalf of the State or
others entitled to the property, may, 40 days after the death of the decedent,
without procuring letters of administration or awaiting the probate of the
will, collect any money due the decedent, receive the property of the decedent,
and have any evidences of interest, indebtedness or right transferred to the
claimant upon furnishing the person, representative, corporation, officer or
body owing the money, having custody of the property or
acting as registrar or transfer agent of the evidences of interest,
indebtedness or right, with an affidavit showing the right of the affiant or
affiants to receive the money or property or to have the evidence transferred.

custody of the property or acting as registrar or transfer
agent of the evidences of interest, indebtedness or right, with an affidavit
showing the right of the affiant or affiants to receive the money or property
or to have the evidence transferred.

2. An affidavit made pursuant to this section must
state:

(a) The affiants name and address, and that the
affiant is entitled by law to succeed to the property claimed;

(b) The date and place of death of the decedent;

(c) That the gross value of the decedents property in
this state, except amounts due to the decedent for services in the Armed Forces
of the United States, does not exceed $20,000, and that the property does not
include any real property nor interest therein, nor mortgage or lien thereon;

(d) That at least 40 days have elapsed since the death
of the decedent, as shown in a certified copy of the certificate of death of
the decedent attached to the affidavit;

(e) That no petition for the appointment of a personal
representative is pending or has been granted in any jurisdiction;

(f) That all debts of the decedent, including funeral
and burial expenses, and money owed to the Department of Human Resources as a
result of the payment of benefits for Medicaid, have been paid or provided for;

(g) A description of the personal property and the
portion claimed;

(h) That the affiant has given written notice, by
personal service or by certified mail, identifying the affiants claim and
describing the property claimed, to every person whose right to succeed to the
decedents property is equal or superior to that of the affiant, and that at
least 14 days have elapsed since the notice was served or mailed;

(i) That the affiant is personally entitled, or the
Department of Human Resources is entitled, to full payment or delivery of the
property claimed or is entitled to payment or delivery on behalf of and with
the written authority of all other successors who have an interest in the property;
and

(j) That the affiant acknowledges an understanding that
filing a false affidavit constitutes a felony in this state.

3. If the affiant:

(a) Submits an affidavit which does not meet the
requirements of subsection 2 or which contains statements which are not
entirely true, any money or property the affiant receives is subject to all
debts of the decedent.

(b) Fails to give notice to other successors as
required by subsection 2, any money or property the affiant receives is held by
the affiant in trust for all other successors who have an interest in the
property.

4. A person who receives an affidavit containing the
information required by subsection 2 is entitled to rely upon that information,
and if the person relies in good faith, the person is immune from civil
liability for actions based on that reliance.

5. Upon receiving proof of the death of the decedent
and an affidavit containing the information required by this section:

(a) A transfer agent of any security shall change the
registered ownership of the security claimed from the decedent to the person
claiming to succeed to ownership of that security.

(b) A governmental agency required to issue
certificates of ownership or registration to personal property shall issue a
new certificate of ownership or registration to the person claiming to succeed
to ownership of the property.

6. If any property of the estate not exceeding $20,000
is located in a state which requires an order of a court for the transfer of
the property, or if the estate consists of stocks or bonds which must be
transferred by an agent outside this state, any person qualified pursuant to
the provisions of subsection 1 to have the stocks or bonds or other property
transferred may do so by obtaining a court order directing the transfer. The
person desiring the transfer must file a petition, which may be ex parte,
containing:

(a) A specific description of all the property of the
decedent.

(b) A list of all the liens and mortgages of record at
the date of the decedents death.

(c) An estimate of the value of the property of the
decedent.

(d) The names, ages of any minors, and residences of
the decedents heirs and devisees.

(e) A request for the court to issue an order directing
the transfer of the stocks or bonds or other property if the court finds the
gross value of the estate does not exceed $20,000.

(f) An attached copy of the executed affidavit made
pursuant to subsection 2.

If the court finds that the gross value of the estate does
not exceed $20,000 and the person requesting the transfer is entitled to it,
the court may enter an order directing the transfer.

Sec. 25. NRS 147.070 is hereby amended to
read as follows:

147.070 1. A claim for an amount of $250 or more
filed with the clerk must be supported by the affidavit of the claimant that:

(a) The amount is justly due (or if the claim is not
yet due, that the amount is a just demand and will be due on the ..... day of
........).

(b) No payments have been made thereon which are not
credited.

(c) There are no offsets to the amount demanded to the
knowledge of the claimant or other affiant.

2. Every claim filed with the clerk must contain the
mailing address of the claimant. Any written notice mailed by a personal
representative to the claimant at the address furnished is proper notice.

3. When the affidavit is made by any other person than
the claimant, the reasons why it is not made by the claimant must be set forth
in the affidavit.

4. The oath may be taken before any person authorized
to administer oaths.

5. The amount of interest must be computed and
included in the statement of the claim and the rate of interest determined.

6. Except as otherwise provided in subsection 7, the
court may, for good cause shown, allow a defective claim or affidavit to be
corrected or amended on application made at any time before the filing of the
final account, but an amendment may not be made to increase the amount of a
claim after the time for filing a claim has expired.

7. The court shall allow the [Welfare Division of the]Department of Human Resources to amend at any time
before the filing of the final account a claim for the payment of benefits for
Medicaid that the [Division]Department identifies
after the original claim has been filed.

Sec. 26. NRS 147.130 is hereby amended to
read as follows:

147.130 1. If a claim is rejected by the personal
representative or the court, in whole or in part, the claimant must be
immediately notified by the personal representative, and the claimant must
bring suit in the proper court against the personal
representative within 60 days after the notice or file a timely petition for
summary determination pursuant to subsection 2, whether the claim is due or
not, or the claim is forever barred.

against the personal representative within 60 days after the
notice or file a timely petition for summary determination pursuant to
subsection 2, whether the claim is due or not, or the claim is forever barred.
A claimant must be informed of the rejection of the claim by written notice
forwarded to the claimants mailing address by registered or certified mail.

2. If a claim filed by the [Welfare Division of the]Department of Human Resources is rejected by the
personal representative, the [State Welfare Administrator]Director
of the Department may, within 20 days after receipt of the
written notice of rejection, petition the court for summary determination of
the claim. A petition for summary determination must be filed with the clerk,
who shall set the petition for hearing, and notice must be given for the period
and in the manner required by NRS 155.010. Allowance of the claim by the court
is sufficient evidence of its correctness, and it must be paid as if previously
allowed by the personal representative.

3. In any action brought upon a claim rejected in
whole or in part by the personal representative, if he resides out of the State
or has departed from the State, or cannot, after due diligence, be found within
the State, or conceals himself to avoid the service of summons, the summons,
together with a copy of the complaint, must be mailed directly to the last
address given by him, with a copy to the attorney for the estate, and proof of
the mailing must be filed with the clerk where the administration of the estate
is pending. This service is the equivalent of personal service upon the
personal representative, but he has 30 days from the date of service within
which to answer.

4. If the personal representative defaults after such
service, the default is sufficient grounds for his removal as personal
representative by the court without notice. Upon petition and notice, in the
manner provided for an application for letters of administration, an
administrator or an administrator with the will annexed must be appointed by
the court and, upon his qualification as such, letters of administration or
letters of administration with the will annexed must be issued.

Sec. 27. NRS 155.020 is hereby amended to
read as follows:

155.020 1. Notice of a petition for the probate of a
will and the issuance of letters and the notice to creditors must be given to:

(a) The persons respectively entitled thereto,
including the [State Welfare Administrator,]Director
of the Department of Human Resources, as provided in NRS 155.010;
and

(b) The public, including creditors whose names and
addresses are not readily ascertainable, by publication on three dates of
publication before the hearing, and if the newspaper is published more than
once each week, there must be at least 10 days from the first to last dates of
publication, including both the first and last days.

2. Every publication required by this section must be
made in a newspaper published in the county where the proceedings are pending,
but if there is not such a newspaper, then in one having general circulation in
that county.

3. The notice of the hearing upon the petition to
administer the estate must be in substantially the following form:

Notice is hereby given that
................................ has filed in this court a petition for the
probate of a will and for letters testamentary, or for letters of
administration, of the estate of ................................, deceased,
and a hearing has been set for the .......... day of the month
of................, of the year......, at .......... (a.m. or p.m.) at the
courthouse of the above-entitled court. All persons interested in the estate
are notified to appear and show cause why the petition should not be granted.

Dated .............................................

4. As soon as practicable after appointment, a
personal representative shall, in addition to publishing the notice to
creditors, mail a copy of the notice to those creditors whose names and
addresses are readily ascertainable as of the date of first publication of the
notice and who have not already filed a claim. The notice must be in substantially
the following form:

NOTICE TO CREDITORS

Notice is hereby given that the undersigned has been
appointed and qualified by the (giving the title of the court and the date of
appointment) as personal representative of the estate of ................................,
deceased. All creditors having claims against the estate are required to file
the claims with the clerk of the court within .......... (60 or 90) days after
the mailing or the first publication (as the case may be) of this notice.

Dated .............................................

5. If before the last day for the filing of a
creditors claim under NRS 147.040, the personal representative discovers the
existence of a creditor who was not readily ascertainable at the time of first
publication of the notice to creditors, the personal representative shall
immediately mail a copy of the notice to the creditor.

Sec. 28. NRS 164.025 is hereby amended to
read as follows:

164.025 1. The trustee of a nontestamentary trust may
after the death of the settlor of the trust cause to be published a notice in
the manner specified in paragraph (b) of subsection 1 of NRS 155.020 and mail a
copy of the notice to known or readily ascertainable creditors.

2. The notice must be in substantially the following
form:

NOTICE TO CREDITORS

Notice is hereby given that the undersigned is the duly
appointed and qualified trustee of the ................ trust.
................, the settlor of that trust died on ................. A
creditor having a claim against the trust estate must file his claim with the
undersigned at the address given below within 90 days after the first
publication of this notice.

3. A person having a claim, due or to become due,
against a settlor or the trust must file the claim with the trustee within 90
days after the mailing, for those required to be mailed, or 90 days after
publication of the first notice to creditors. Any claim against the trust
estate not filed within that time is forever barred. After the expiration of
the time, the trustee may distribute the assets of the trust to its
beneficiaries without personal liability to any creditor who has failed to file
a claim with the trustee.

4. If the trustee knows or has reason to believe that
the settlor received public assistance during his lifetime, the trustee shall,
whether or not he gives notice to other creditors, give notice within 30 days after
the death to the [Welfare Division of the]Department of Human Resources in the manner provided
in NRS 155.010. If notice to the [Welfare Division]Department
is required by this subsection but is not given, the trust estate
and any assets transferred to a beneficiary remain subject to the right of the [Welfare
Division]Department to recover
public assistance received.

5. If a claim is rejected by the trustee, in whole or
in part, the trustee must, within 10 days [of]after the
rejection, notify the claimant of the rejection by written notice forwarded by
registered or certified mail to the mailing address of the claimant. The
claimant must bring suit in the proper court against the trustee within 60 days
after the notice is given, whether the claim is due or not, or the claim is
barred forever and the trustee may distribute the assets of the trust to its
beneficiaries without personal liability to any creditor whose claim is barred
forever.

Sec. 29. NRS 422.2725 is hereby repealed.

Sec. 30. Notwithstanding the provisions of sections
1, 3, 8 and 9 of this act that transfer the authority to adopt certain
regulations from the State Welfare Administrator to the Director of the
Department of Human Resources, any regulations adopted by the State Welfare
Administrator pursuant to sections 3, 8 or 9 of this act before July 1, 2003,
remain in effect and may be enforced by the Director of the Department of Human
Resources until the Director adopts regulations to replace those regulations of
the State Welfare Administrator.

Sec. 31. 1. This section and section 29 of this act
become effective upon passage and approval.

2. Sections 1 to 28, inclusive, and 30 of this act become
effective on July 1, 2003.

________

κ2003
Statutes of Nevada, Page 888κ

CHAPTER 170, AB 448

Assembly Bill No. 448Committee on Judiciary

CHAPTER 170

AN ACT relating to
domestic violence; clarifying the provisions governing an arrest involving a
violation of an order for protection against domestic violence; and providing
other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 33.070 is hereby amended to
read as follows:

33.070 1. Every temporary or extended order must
include a provision ordering any law enforcement officer to arrest an adverse
party if the officer has probable cause to believe that the adverse party has
violated any provision of the order.The law enforcement officer may make an arrest with or
without a warrant and regardless of whether the violation occurs in his
presence.

2. If a law enforcement officer cannot verify that the
adverse party was served with a copy of the application and order, he shall:

(a) Inform the adverse party of the specific terms and
conditions of the order;

(b) Inform the adverse party that he now has notice of
the provisions of the order and that a violation of the order will result in
his arrest; and

(c) Inform the adverse party of the location of the
court that issued the original order and the hours during which the adverse
party may obtain a copy of the order.

3. Information concerning the terms and conditions of
the order, the date and time of the notice provided to the adverse party and
the name and identifying number of the officer who gave the notice must be
provided in writing to the applicant and noted in the records of the law
enforcement agency and the court.

Sec. 2. NRS 171.124 is hereby amended to read
as follows:

171.124 1. Except as otherwise provided in subsection
3 and NRS 33.070 and 33.320,
a peace officer or an officer of the Drug Enforcement Administration designated
by the Attorney General of the United States for that purpose may make an
arrest in obedience to a warrant delivered to him, or may, without a warrant,
arrest a person:

(a) For a public offense committed or attempted in his
presence.

(b) When a person arrested has committed a felony or
gross misdemeanor, although not in his presence.

(c) When a felony or gross misdemeanor has in fact been
committed, and he has reasonable cause for believing the person arrested to
have committed it.

(d) On a charge made, upon a reasonable cause, of the
commission of a felony or gross misdemeanor by the person arrested.

(e) When a warrant has in fact been issued in this
state for the arrest of a named or described person for a public offense, and
he has reasonable cause to believe that the person arrested is the person so
named or described.

2. He may also, at night, without a warrant, arrest
any person whom he has reasonable cause for believing to have committed a
felony or gross misdemeanor, and is justified in making the arrest, though it
afterward appears that a felony or gross misdemeanor has not been committed.

3. An officer of the Drug Enforcement Administration
may only make an arrest pursuant to subsections 1 and 2 for a violation of
chapter 453 of NRS.

Sec. 3. This act becomes effective upon passage and
approval.

________

CHAPTER 171, AB 510

Assembly Bill No. 510Committee on Education

CHAPTER 171

AN ACT relating to
education; requiring the State Board of Education to prescribe a course of
study to prepare pupils to pass the high school proficiency examination;
authorizing the boards of trustees of school districts to offer the course of
study to pupils enrolled in high school; revising provisions governing the
informational pamphlet concerning the high school proficiency examination to
include certain information regarding preparation for the college entrance
examinations; and providing other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 389 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. The State
Board shall prescribe, by regulation, a course of study that is designed to
assist pupils enrolled in high school with passing the high school proficiency
examination. The course of study must:

(a) Be
consistent with the statewide program to prepare pupils for the high school
proficiency examination established pursuant to NRS 389.0175; and

(b) Ensure the
security and confidentiality of the high school proficiency examination in
accordance with the plan for test security adopted by the Department pursuant
to NRS 389.616.

2. The board
of trustees of each school district may offer the course of study prescribed by
the State Board pursuant to subsection 1 as an elective to pupils enrolled in
high school in the school district.

Sec. 2. NRS 389.0173 is hereby amended to
read as follows:

389.0173 1. The Department shall develop an
informational pamphlet concerning the high school proficiency examination for
pupils who are enrolled in junior high, middle school and high school, and
their parents and legal guardians. The pamphlet must include a written
explanation of the:

(a) Importance of passing the examination, including,
without limitation, an explanation that if the pupil fails the examination he
is not eligible to receive a standard high school diploma;

(c) Format for the examination, including, without
limitation, the range of items that are contained on the examination;

(d) Manner by which the scaled score, as reported to
pupils and their parents or legal guardians, is derived from the raw score;

(e) Timeline by which the results of the examination
must be reported to pupils and their parents or legal guardians;

(f) Maximum number of times that a pupil is allowed to
take the examination if he fails to pass the examination after the first
administration; [and]

(g) Courses of study that the Department recommends
that pupils take to prepare the pupils to successfully meet the academic
challenges of the examination and pass the examination[.]; and

(h) Courses
of study which the Department recommends that pupils take in high school to
successfully prepare for the college entrance examinations.

2. The Department shall review the pamphlet on an
annual basis and make such revisions to the pamphlet as it considers necessary
to ensure that pupils and their parents or legal guardians fully understand the
examination.

3. On or before September 1, the Department shall
provide a copy of the pamphlet or revised pamphlet to the board of trustees of
each school district and the governing body of each charter school that
includes pupils enrolled in a junior high, middle school or high school grade
level.

4. The board of trustees of each school district shall
provide a copy of the pamphlet to each junior high, middle school or high
school within the school district for posting. The governing body of each
charter school shall ensure that a copy of the pamphlet is posted at the
charter school. Each principal of a junior high, middle school, high school or
charter school shall ensure that the teachers, counselors and administrators
employed at the school fully understand the contents of the pamphlet.

5. On or before January 15, the:

(a) Board of trustees of each school district shall
provide a copy of the pamphlet to each pupil who is enrolled in a junior high,
middle school or high school of the school district and to the parents or legal
guardians of such a pupil.

(b) Governing body of each charter school shall provide
a copy of the pamphlet to each pupil who is enrolled in the charter school at a
junior high, middle school or high school grade level and to the parents or
legal guardians of such a pupil.

Sec. 3. 1. This section and section 2 of this act
become effective on July 1, 2003.

2. Section 1 of this act becomes effective on July 1, 2003,
for the purpose of adopting regulations and on January 1, 2004, for all other
purposes.

________

κ2003
Statutes of Nevada, Page 891κ

CHAPTER 172, AB 539

Assembly Bill No. 539Committee on Government Affairs

CHAPTER 172

AN ACT relating to
governmental purchasing; clarifying the types of contracts into which a member
of certain governing bodies may enter with the governing body; increasing the
maximum dollar amount of supplies that a governing body may purchase each month
from a member of the body in certain circumstances; and providing other matters
properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 332.155 is hereby amended to
read as follows:

332.155 1. [No]Except
as otherwise provided in NRS 281.230, 281.505 and 281.555, a member
of the governing body may not be
interested, directly or indirectly, in any contract entered into by the
governing body, but the governing body may purchase supplies, not to exceed [$300]$1,500
in the aggregate in any 1 calendar month from a member of such governing body,
when not to do so would be of great inconvenience due to a lack of any other
local source.

2. An evaluator may not be interested, directly or
indirectly, in any contract awarded by such governing body or its authorized
representative.

3. A member of a governing body who furnishes supplies
in the manner permitted by subsection 1 may not vote on the allowance of the
claim for such supplies.

4. A violation of this section is a misdemeanor and,
in the case of a member of a governing body, cause for removal from office.

Sec. 2. NRS 245.075 is hereby amended to read
as follows:

245.075 1. Except as otherwise provided in NRS 281.230, 281.505, 281.555[,]and 332.155, it is
unlawful for any county officer to be interested in any contract made by him or
be a purchaser or be interested in any purchase of a sale made by him in the
discharge of his official duties.

2. Any contract made in violation of subsection 1 may
be declared void at the instance of the county interested or of any other
person interested in the contract except the officer prohibited from making or
being interested in the contract.

3. Any person violating this section, directly or
indirectly, is guilty of a gross misdemeanor and shall forfeit his office.

Sec. 3. NRS 268.384 is hereby amended to read
as follows:

268.384 1. Except as otherwise provided in NRS 281.230, 281.505, 281.555[,]and 332.155, it is
unlawful for any city officer to be interested in any contract made by him, or
to be a purchaser or interested, directly or indirectly, in any purchase of a
sale made by him in the discharge of his official duties.

2. Any person violating this section is guilty of a
gross misdemeanor and shall forfeit his office.

281.230 1. Except as otherwise provided in this
section and NRS 218.605,281.555
and 332.155, the following persons shall not, in any manner,
directly or indirectly, receive any commission, personal profit or compensation
of any kind resulting from any contract or other significant transaction in
which the employing state, county, municipality, township, district or
quasi-municipal corporation is in any way directly interested or affected:

(a) State, county, municipal, district and township
officers of the State of Nevada;

(b) Deputies and employees of state, county, municipal,
district and township officers; and

(c) Officers and employees of quasi-municipal
corporations.

2. A member of any board, commission or similar body
who is engaged in the profession, occupation or business regulated by the
board, commission or body may, in the ordinary course of his business, bid on
or enter into a contract with any governmental agency, except the board or
commission of which he is a member, if he has not taken part in developing the
contract plans or specifications and he will not be personally involved in
opening, considering or accepting offers.

3. A full- or part-time faculty member or employee of
the University and Community College System of Nevada may bid on or enter into
a contract with a governmental agency, or may benefit financially or otherwise
from a contract between a governmental agency and a private entity, if the
contract complies with the policies established by the Board of Regents of the
University of Nevada pursuant to NRS 396.255.

4. A public officer or employee, other than an officer
or employee described in subsection 2 or 3, may bid on or enter into a contract
with a governmental agency if the contracting process is controlled by rules of
open competitive bidding, the sources of supply are limited, he has not taken
part in developing the contract plans or specifications and he will not be
personally involved in opening, considering or accepting offers.If a public officer who is authorized
to bid on or enter into a contract with a governmental agency pursuant to this
subsection is a member of the governing body of the agency, the public officer,
pursuant to the requirements of NRS 281.501, shall disclose his interest in the
contract and shall not vote on or advocate the approval of the contract.

5. A person who violates any of the provisions of this
section shall be punished as provided in NRS 197.230 and:

(a) Where the commission, personal profit or
compensation is $250 or more, for a category D felony as provided in NRS
193.130.

(b) Where the commission, personal profit or
compensation is less than $250, for a misdemeanor.

6. A person who violates the provisions of this
section shall pay any commission, personal profit or compensation resulting
from the contract or transaction to the employing state, county, municipality,
township, district or quasi-municipal corporation as restitution.

Sec. 5. NRS 281.505 is hereby amended to read
as follows:

281.505 1. Except as otherwise provided in this
section[,]and NRS
281.555 and 332.155, a public officer or employee shall not bid
on or enter into a contract between a governmental agency and any private
business in which he has a significant pecuniary interest.

2. A member of any board, commission or similar body
who is engaged in the profession, occupation or business regulated by such
board or commission, may, in the ordinary course of his business, bid on or
enter into a contract with any governmental agency, except the board,
commission or body of which he is a member, if he has not taken part in
developing the contract plans or specifications and he will not be personally
involved in opening, considering or accepting offers.

3. A full- or part-time faculty member or employee of
the University and Community College System of Nevada may bid on or enter into
a contract with a governmental agency, or may benefit financially or otherwise
from a contract between a governmental agency and a private entity, if the
contract complies with the policies established by the Board of Regents of the
University of Nevada pursuant to NRS 396.255.

4. A public officer or employee, other than an officer
or employee described in subsection 2 or 3, may bid on or enter into a contract
with a governmental agency if the contracting process is controlled by rules of
open competitive bidding, the sources of supply are limited, he has not taken
part in developing the contract plans or specifications and he will not be
personally involved in opening, considering or accepting offers.If a public officer who is authorized
to bid on or enter into a contract with a governmental agency pursuant to this
subsection is a member of the governing body of the agency, the public officer,
pursuant to the requirements of NRS 281.501, shall disclose his interest in the
contract and shall not vote on or advocate the approval of the contract.

Sec. 6. This act becomes effective upon passage and
approval.

________

CHAPTER 173, SB 27

Senate Bill No. 27Senator Wiener

CHAPTER 173

AN ACT relating to
professions; creating the Board of Athletic Trainers; prescribing the powers
and duties of the Board; requiring certain persons who engage in the practice
of athletic training to be licensed by the Board; prescribing the requirements
for such licenses; providing for the regulation of athletic trainers; providing
a penalty; requiring the Board to hold hearings and make recommendations to the
Legislature concerning the regulation of personal trainers and other fitness
instructors; and providing other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Title 54 of NRS is hereby amended
by adding thereto a new chapter to consist of the provisions set forth as
sections 2 to 37, inclusive, of this act.

Sec. 2. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in sections 2.5 to 12.3, inclusive, of this act have the meanings
ascribed to them in those sections.

Sec. 2.5.Assessment includes taking the medical history of a
patient, visually inspecting the injured portion of the body and the associated
structures, palpating the bony landmarks and soft tissue and applying special
tests to systematically assess the pathology and extent of the injury or condition.

Sec. 3. Athlete
means a natural person who:

1. Participates
in an athletic activity conducted by:

(a) An
intercollegiate athletic association or interscholastic athletic association;
or

(b) A
professional athletic organization; or

(c) An amateur
athletic organization; or

2. Participates
in a recreational sport activity that:

(a) Has
officially designated coaches;

(b) Conducts
regularly scheduled practices or workouts that are supervised by coaches; and

(c) Has
established schedules for competitive events or exhibitions.

Sec. 4. Athletic
injury means an injury or athletic-related illness, or both, that a person
sustains as a result of:

1. His
participation in an athletic activity conducted by:

(a) An
intercollegiate athletic association or interscholastic athletic association;
or

(b) A
professional athletic organization; or

(c) An amateur
athletic organization; or

2. His
participation in a recreational sport activity that:

(a) Has
officially designated coaches;

(b) Conducts
regularly scheduled practices or workouts that are supervised by coaches; and

(c) Has
established schedules for competitive events or exhibitions.

Sec. 5. Board
means the Board of Athletic Trainers.

Sec. 6. Direction
means an order issued by a physician to follow as a protocol, recommendation or
oral order that is documented by the licensed athletic trainer or physician, or
both.

Sec. 6.3.Disposition means the application of
accepted management techniques to provide the appropriate care and resources
concerning an athletic injury.

1. Is enrolled
in a graduate program of study approved by the Board; and

2. Engages in
the practice of athletic training under the supervision of a licensed athletic
trainer.

Sec. 7.5. Joint mobilization means a learned, skilled, passive
movement of articulating surfaces of a person to relieve pain and restore
functional movement of the articulating surfaces without pain to the person.
The term does not include:

Sec. 8. License
means a license issued pursuant to the provisions of this chapter.

Sec. 9. Licensee
means a person who has been issued a license as an athletic trainer pursuant to
the provisions of this chapter.

Sec. 9.2.Management means the act of controlling or influencing an
injury, illness or condition.

Sec. 9.4. Passive joint range of motion means any movement of an
articulating surface of a person without the active assistance of that person,
which is performed with equipment or by another person.

Sec. 9.6. Passive range of motion means any movement of a part of a
person without the active assistance of that person, which is performed with
equipment or by another person.

Sec. 9.8.Physician means:

1. A physician
licensed pursuant to chapter 630 of NRS;

2. An
osteopathic physician licensed pursuant to chapter 633 of NRS;

3. A
homeopathic physician licensed pursuant to chapter 630A of NRS;

4. A
chiropractic physician licensed pursuant to chapter 634 of NRS; or

5. A podiatric
physician licensed pursuant to chapter 635 of NRS.

Sec. 10. 1. Practice of athletic training means:

(a) The
prevention, recognition, assessment, management, treatment, disposition or
reconditioning of the athletic injury of an athlete:

(1) Whose
condition is within the professional preparation and education of the licensed
athletic trainer; and

(2) That
is performed under the direction of a physician;

(b) The
organization and administration of programs of athletic training;

(c) The
administration of an athletic training room;

(d) The
provision of information relating to athletic training to members of the
public; or

(e) Any
combination of the activities described in paragraphs (a) to (d), inclusive.

2. The term
does not include the diagnosis of a physical disability, massaging of the
superficial soft tissues of the body or the use of X rays, radium or
electricity for cauterization or surgery.

Sec. 10.3.Prevention means the application and
implementation of physical conditioning programs, pre-participation screening
and the monitoring of risk factors that may cause an athletic injury.

Sec. 10.5.Recognition means the application of visual, verbal or
tactile skills to acknowledge the presence of an injury, illness or other
condition with an understanding of the predisposing factors of injury and
pathomechanics, which assists in the assessment of the injury, illness or other
condition.

Sec. 10.7.Reconditioning means the application of practical and
didactic knowledge and functional criteria to evaluate readiness for return to
partial or full activities.

1. Is enrolled
in an undergraduate program of study approved by the Board; and

2. Engages in
the practice of athletic training under the supervision of a licensed athletic
trainer.

Sec. 12. Supervision means
clinical on-site direction given by a licensed athletic trainer to a student
athletic trainer or graduate student athletic trainer who is in the direct line
of sight and within hearing distance of the licensed athletic trainer.

Sec. 12.3.Treatment means the application of the necessary knowledge
and skills to assess an injury, illness or other condition and provide
appropriate care.

Sec. 13. The practice of athletic training is hereby declared to be a learned
profession, affecting public health, safety and welfare, and subject to
regulation to protect the public from the practice of athletic training by
unqualified persons and from unprofessional conduct by persons who are licensed
to engage in the practice of athletic training.

Sec. 14. A license issued pursuant to the provisions of this chapter is a
revocable privilege, and the holder of the license does not acquire thereby any
vested right.

Sec. 15. The provisions of this chapter do not apply to:

1. A person
who is licensed pursuant to chapters 630 to 637, inclusive, or chapter 640 or
640A of NRS, when acting within the scope of that license.

2. A person
who is employed by the Federal Government and engages in the practice of
athletic training within the scope of that employment.

3. A person
who is employed as an athletic trainer outside this state when engaging in the
practice of athletic training within the scope of that employment in connection
with an athletic event held in this state.

Sec. 16. 1. The Board of Athletic Trainers is hereby created.

2. The
Governor shall appoint to the Board:

(a) Three
members who:

(1) Are
licensed as athletic trainers pursuant to the provisions of this chapter; and

(2) Have
engaged in the practice of athletic training or taught or conducted research concerning
the practice of athletic training for the 5 years immediately preceding their
appointment;

(b) One member
who is licensed as a physical therapist pursuant to chapter 640 of NRS and who
is also licensed as an athletic trainer pursuant to this chapter; and

(c) One member
who is a representative of the public.

3. Each member
of the Board:

(a) Must be a
resident of this state; and

(b) May not
serve more than two consecutive terms.

4. After the
initial terms, the members of the Board must be appointed to terms of 3 years.

5. A vacancy
on the Board must be filled in the same manner as the original appointment.

6. The
Governor may remove a member of the Board for incompetence, neglect of duty,
moral turpitude or malfeasance in office.

7. No member
of the Board may be held liable in a civil action for any act he performs in
good faith in the execution of his duties pursuant to the provisions of this
chapter.

8. The member
of the Board who is a representative of the public shall not participate in
preparing or grading any examination required by the Board.

Sec. 17. 1. For the appointment of any member to the Board pursuant to paragraph
(a) of subsection 2 of section 16 of this act, the Nevada Athletic Trainers
Association, or its successor organization, shall, at least 30 days before the
beginning of a term of a member of the Board, or within 30 days after a
position on the Board becomes vacant, submit to the Governor the names of not
less than three persons or more than five persons who are qualified for
membership on the Board for each such position. The Governor shall appoint new
members or fill a vacancy from the list, or request a new list.

2. For the
appointment of a member to the Board pursuant to paragraph (b) of subsection 2
of section 16 of this act, the Nevada Physical Therapists Association, or its
successor organization, and the Nevada Athletic Trainers Association, or its
successor organization, shall, at least 30 days before the beginning of a term
of a member of the Board, or within 30 days after a position on the Board
becomes vacant, jointly prepare and submit to the Governor a list of the names
of not less than three persons or more than five persons who are qualified for
membership on the Board for that position. The Governor shall appoint a new
member or fill a vacancy from the list, or request a new list.

3. If the
Nevada Athletic Trainers Association or the Nevada Physical Therapists
Association, or the successor of any such organization, fails to submit
nominations for a position on the Board within the periods prescribed in this
section, the Governor may appoint any qualified person.

Sec. 18. 1. The Board shall:

(a) Elect from
its members a Chairman at the first meeting of each year; and

(b) Meet at
least three times each year at the call of the Chairman of the Board, or upon
the written request of at least three members of the Board.

2. A majority
of the members of the Board constitutes a quorum for the transaction of the
business of the Board.

Sec. 19. 1. The Board shall prepare and maintain a separate list of:

(a) The
licensees.

(b) The
applicants for a license.

(c) The
licensees whose licenses have been revoked or suspended within the preceding
year.

2. The Board
shall, upon request, disclose the information included in each list and may
charge a fee for a copy of a list.

3. The Board
shall:

(a) Prepare and
maintain a record of its proceedings and transactions;

(b) Adopt a
seal of which each court in this state shall take judicial notice; and

(c) Enforce the
provisions of this chapter and any regulations adopted pursuant thereto.

Sec. 20. The
Board shall adopt regulations to carry out the provisions of this chapter,
including, without limitation, regulations that establish:

4. The
requirements for continuing education for the renewal of a license of an
athletic trainer. The requirements must be at least equivalent to the requirements
for continuing education for the renewal of a certificate of an athletic
trainer issued by the National Athletic Trainers Association Board of
Certification or its successor organization.

Sec. 21. A member of the Board, an employee of
the Board or a person designated by the Board may inspect any office or
facility where a person is engaged in the practice of athletic training to
determine whether each person who is engaged in the practice of athletic
training in that office or facility is in compliance with the provisions of
this chapter and any regulations adopted pursuant thereto.

Sec. 22. 1. The Board may employ an Executive Secretary and any other persons
necessary to carry out its duties.

2. The members
of the Board are not entitled to receive a salary.

3. While
engaged in the business of the Board, each member and employee of the Board is
entitled to receive a per diem allowance and travel expenses at a rate fixed by
the Board. The rate must not exceed the rate provided for officers and
employees of this state generally.

Sec. 23. The Board shall operate on the basis of a fiscal year beginning on July 1
and ending on June 30.

Sec. 24. 1. Except as otherwise provided in subsection 4, all reasonable expenses
incurred by the Board in carrying out the provisions of this chapter must be
paid from the money that it receives. No part of the expenses of the Board may
be paid from the State General Fund.

2. All money
received by the Board must be deposited in a bank or other financial institution
in this state and paid out on its order for its expenses.

3. The Board
may delegate to a hearing officer or panel its authority to take any
disciplinary action pursuant to this chapter, impose and collect fines and
penalties related to that disciplinary action and deposit the money from the
fines and penalties in a bank or other financial institution in this state.

4. If a
hearing officer or panel is not authorized to take disciplinary action pursuant
to subsection 3, the Board shall deposit all money collected from the
imposition of fines and penalties with the State Treasurer for credit to the
State General Fund. If money has been deposited in the State General Fund
pursuant to this subsection, the Board may present a claim to the State Board of
Examiners for recommendation to the Interim Finance Committee if money is
needed to pay attorneys fees or the costs of an investigation, or both.

Sec. 25. 1. Except as otherwise provided in subsection 2, unless he has been
issued a license as an athletic trainer by the Board pursuant to the provisions
of this chapter, a person shall not:

(a) Engage in
the practice of athletic training;

(b) Hold
himself out as licensed or qualified to engage in the practice of athletic
training; or

(c) Use in
connection with his name any title, words, letters or other designation
intended to imply or designate him as a licensed athletic trainer.

2. A student
athletic trainer or graduate student athletic trainer may engage in the
practice of athletic training while under the supervision of a licensed
athletic trainer.

3. If the
Board determines that a person has engaged, or is about to engage, in any act
or practice that constitutes, or will constitute, a violation of the provisions
of this section, the Board may make an application to an appropriate court for
an order enjoining that act or practice, and upon a showing by the Board that
the person has engaged, or is about to engage, in that act or practice, the
court shall issue an injunction against that act or practice. Such an
injunction does not prevent a criminal prosecution for that act or practice.

Sec. 26. 1. An applicant for a license as an athletic trainer must:

(a) Be of good
moral character;

(b) Be a
citizen of the United States or lawfully entitled to remain and work in the
United States;

(c) Have at
least a bachelors degree in a program of study approved by the Board;

(d) Submit an
application on a form provided by the Board;

(e) Submit a
complete set of his fingerprints and written permission authorizing the Board
to forward the fingerprints to the Central Repository for Nevada Records of
Criminal History for submission to the Federal Bureau of Investigation for its
report;

(f) Pay the
fees prescribed by the Board pursuant to section 33 of this act; and

(g) Except as
otherwise provided in subsection 2 and section 27 of this act, pass the
examination prepared by the National Athletic Trainers Association Board of
Certification or its successor organization.

2. An
applicant who submits proof of his current certification as an athletic trainer
by the National Athletic Trainers Association Board of Certification, or its
successor organization, is not required to pass the examination required by
paragraph (g) of subsection 1.

3. An
applicant who fails the examination may not reapply for a license for at least
1 year after he submits his application to the Board.

Sec. 27. If the National Athletic Trainers Association Board of Certification, or
its successor organization, if any, ceases to exist or ceases to prepare the
examination required by section 26 of this act, the Board shall designate
another appropriate national organization to prepare the test. If the Board
determines that no such organization exists, the Board shall prepare or cause
to be prepared a test which must be offered not less than two times each year.

Sec. 28. 1.
In addition to any other requirements for the issuance or renewal of a license
set forth in this chapter, an applicant for the issuance or renewal of a
license to engage in the practice of athletic training must submit to the
Board:

(a) The social
security number of the applicant; and

(b) The
statement prescribed by the Welfare Division of the Department of Human
Resources pursuant to NRS 425.520. The statement must be completed and signed
by the applicant.

2. The Board
shall include the persons social security number and the statement required
pursuant to subsection 1 in:

(a) The
application or any other forms that must be submitted for the issuance or
renewal of the license; or

(b) A separate
form prescribed by the Board.

3. A license
to practice athletic training may not be issued or renewed by the Board if the
applicant:

(a) Fails to
submit his social security number required pursuant to subsection 1;

(b) Fails to
submit the statement required pursuant to subsection 1; or

(c) Indicates
on the statement submitted pursuant to subsection 1 that he is subject to a
court order for the support of a child and is not in compliance with the order or
a plan approved by the district attorney or other public agency enforcing the
order for the repayment of the amount owed pursuant to the order.

4. If an
applicant indicates on the statement submitted pursuant to subsection 1 that he
is subject to a court order for the support of a child and is not in compliance
with the order or a plan approved by the district attorney or other public
agency enforcing the order for the repayment of the amount owed pursuant to the
order, the Board shall advise the applicant to contact the district attorney or
other public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.

Sec. 29. 1. If the Board receives a copy of a court order issued pursuant to NRS
425.540 that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a licensee, the Board
shall deem the license to be suspended at the end of the 30th day after the
date the court order was issued unless the Board receives a letter issued to
the licensee by the district attorney or other public agency pursuant to NRS
425.550 stating that the licensee has complied with the subpoena or warrant or
has satisfied the arrearage pursuant to NRS 425.560.

2. The Board
shall reinstate a license that has been suspended by a district court pursuant
to NRS 425.540 if the Board receives a letter issued by the district attorney
or other public agency pursuant to NRS 425.550 to the licensee stating that the
licensee has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.

Sec. 30. 1. Except as otherwise provided in subsection 2, the Board shall issue a
license as an athletic trainer, without examination, to an applicant who is
licensed to engage in the practice of athletic training in another state,
territory or possession of the United States, or the District of Columbia if
the applicant submits to the Board:

(a) An
application on a form prescribed by the Board; and

(b) The fees
prescribed by the Board pursuant to section 33 of this act.

2. The Board
shall not issue a license pursuant to this section unless the jurisdiction in
which the applicant is licensed had requirements at the time the license was
issued that the Board determines are substantially equivalent to the
requirements for a license as an athletic trainer set forth in this chapter.

Sec. 31. Each person licensed to practice as an athletic trainer shall display his
license conspicuously at each place where he engages in the practice of
athletic training.

Sec. 31.5.1. A person who is licensed as an athletic trainer shall
not conduct an evaluation of an athletic injury or perform joint mobilization
unless the person has earned at least a masters degree in athletic training or
a comparable area of study, as determined by the Board.

2. A person
who is licensed as an athletic trainer and has not earned a masters degree in
athletic training or a comparable area of study, as determined by the Board,
may perform passive range of motion or passive joint range of motion.

Sec. 32. 1. Each license to engage in the practice of athletic training expires
on June 30 of each year and may be renewed if, before the license expires, the
licensee submits to the Board:

(a) An
application on a form prescribed by the Board;

(b) Proof of
his completion of the requirements for continuing education prescribed by the
Board pursuant to section 20 of this act; and

(c) The fee for
the renewal of his license prescribed by the Board pursuant to section 33 of
this act.

2. A license
that expires pursuant to the provisions of this section may be restored if the
applicant:

(a) Complies
with the provisions of subsection 1;

(b) Submits to
the Board proof of his ability to engage in the practice of athletic training;
and

(c) Submits to
the Board:

(1) The
fee for the restoration of an expired license; and

(2) For
each year that the license was expired, the fee for the renewal of a license
prescribed by the Board pursuant to section 33 of this act.

3. If the
Board determines that an applicant has not submitted satisfactory proof of his
ability to engage in the practice of athletic training, the Board may require
the applicant to:

(a) Pass an
examination prescribed by the Board; and

(b) Engage in
the practice of athletic training under the supervision of a person designated
by the Board for a period prescribed by the Board.

Sec. 33. The Board shall, by regulation, prescribe the following fees which must
not exceed:

Application for a license................................................................................... $250

Examination for a license................................................................................... 350

Application for a license without examination.............................................. 350

Annual renewal of a license............................................................................... 350

Restoration of an expired license...................................................................... 350

Issuance of a duplicate license............................................................................. 50

Sec. 34. 1. The Board may refuse to issue a license to an applicant, or may take
disciplinary action against a licensee, if, after notice and a hearing, the
Board determines that the applicant or licensee:

(a) Has
submitted false or misleading information to the Board or any agency of this
state, any other state, the Federal Government or the District of Columbia;

(b) Has
violated any provision of this chapter or any regulation adopted pursuant
thereto;

(c) Has been
convicted of a felony, a crime relating to a controlled substance or a crime
involving moral turpitude;

(f) Is guilty
of gross negligence in his practice as an athletic trainer;

(g) Is not
competent to engage in the practice of athletic training;

(h) Has failed
to provide information requested by the Board within 60 days after he received
the request;

(i) Has engaged
in unethical or unprofessional conduct as it relates to the practice of
athletic training;

(j) Has been
disciplined in another state, a territory or possession of the United States,
or the District of Columbia for conduct that would be a violation of the
provisions of this chapter or any regulations adopted pursuant thereto if the
conduct were committed in this state;

(k) Has
solicited or received compensation for services that he did not provide;

(l) If the
licensee is on probation, has violated the terms of his probation; or

(m) Has
terminated his professional services to a client in a manner that detrimentally
affected that client.

2. The Board
may, if it determines that an applicant for a license or a licensee has
committed any of the acts set forth in subsection 1, after notice and a
hearing:

(a) Refuse to
issue a license to the applicant;

(b) Refuse to
renew or restore the license of the licensee;

(c) Suspend or
revoke the license of the licensee;

(d) Place the
licensee on probation;

(e) Impose an
administrative fine of not more than $5,000;

(f) Require the
applicant or licensee to pay the costs incurred by the Board to conduct the
investigation and hearing; or

(g) Impose any
combination of actions set forth in paragraphs (a) to (f), inclusive.

Sec. 35.1. The Board may conduct investigations and hold hearings to carry out
its duties pursuant to the provisions of this chapter.

2. In such a
hearing:

(a) Any member
of the Board may administer oaths and examine witnesses; and

(b) The Board
or any member thereof may issue subpoenas to compel the attendance of witnesses
and the production of books and papers.

3. Each
witness who is subpoenaed to appear before the Board is entitled to receive for
his attendance the same fees and mileage allowed by law to a witness in a civil
case. The amount must be paid by the party who requested the subpoena. If any
witness who has not been required to attend at the request of any party is
subpoenaed by the Board, his fees and mileage must be paid from the money of
the Board.

4. If any
person fails to comply with the subpoena within 10 days after it is issued, the
Chairman of the Board may petition a court of competent jurisdiction for an
order of the court compelling compliance with the subpoena.

5. Upon such a
petition, the court shall enter an order directing the person subpoenaed to appear
before the court at a time and place to be fixed by the court in its order, the
time to be not more than 10 days after the date of the order, and to show cause
why he has not complied with the subpoena.

subpoena. A certified
copy of the order must be served upon the person subpoenaed.

6. If it
appears to the court that the subpoena was regularly issued by the Board, the
court shall enter an order compelling compliance with the subpoena. The failure
of the person to obey the order is a contempt of the court that issued the
order.

Sec. 36. 1. Any records or information obtained during the course of an
investigation by the Board are confidential until the investigation is
completed. Upon completion of the investigation, the records and information
are public records if:

(a) Disciplinary
action was taken by the Board as a result of the investigation; or

(b) The person
who was investigated submits a written request to the Board asking that the
information and records be made public records.

2. The
provisions of this section do not prohibit the Board from cooperating with
another licensing board or any agency that is investigating a licensee,
including, without limitation, a law enforcement agency.

Sec. 37. 1. A person who violates any provision of this chapter is guilty of
a gross misdemeanor and shall be punished by a fine of not more than $2,000 for
each offense.

2. If the
Board has reason to believe that a person has violated a provision of this
chapter or a regulation adopted pursuant thereto, the Board shall report the
facts to the district attorney of the county where the violation occurred, who
may cause appropriate criminal proceedings to be brought against that person.

Sec. 38. NRS 622.010 is hereby amended to
read as follows:

622.010 As used in this chapter, unless the context
otherwise requires, occupational licensing board includes, without limitation:

1. The State Board of Architecture, Interior Design
and Residential Design.

3. Does not represent that he is a physical therapist
or physical therapists assistant, or that he practices physical therapy.

Sec. 41. NRS 640A.070 is hereby amended to
read as follows:

640A.070 This chapter does not apply to a person:

1. Holding a current license or certificate issued
pursuant to chapter 391, 630 to 637B, inclusive, 640, 641, 641A or 641B of NRS,
or sections 2 to 37, inclusive, of
this act who practices within the scope of that license or
certificate.

2. Employed by the Federal Government who practices
occupational therapy within the scope of that employment.

3. Enrolled in an educational program approved by the
Board which is designed to lead to a certificate or degree in occupational
therapy, if he is designated by a title which clearly indicates that he is a
student.

4. Obtaining the supervised experience necessary to
satisfy the requirements of subsection 3 of NRS 640A.120.

5. Practicing occupational therapy in this state in
association with an occupational therapist licensed pursuant to this chapter if
the person:

(a) Practices in this state for not more than 45 days
in a calendar year;

(b) Is licensed to practice occupational therapy in
another state where the requirements for such a license are equivalent to the
requirements of this chapter; and

(c) Meets the requirements for certification as an
occupational therapist registered or certified occupational therapy
assistant established by the American Occupational Therapy Certification
Board.

Sec. 42. NRS 200.5093 is hereby amended to
read as follows:

200.5093 1. Any person who is described in subsection
4 and who, in his professional or occupational capacity, knows or has
reasonable cause to believe that an older person has been abused, neglected,
exploited or isolated shall:

(a) Except as otherwise provided in subsection 2,
report the abuse, neglect, exploitation or isolation of the older person to:

(1) The local office of the Aging Services
Division of the Department of Human Resources;

(2) A police department or sheriffs office;

(3) The countys office for protective services,
if one exists in the county where the suspected action occurred; or

(4) A toll-free telephone service designated by
the Aging Services Division of the Department of Human Resources; and

(b) Make such a report as soon as reasonably
practicable but not later than 24 hours after the person knows or has
reasonable cause to believe that the older person has been abused, neglected,
exploited or isolated.

2. If a person who is required to make a report
pursuant to subsection 1 knows or has reasonable cause to believe that the
abuse, neglect, exploitation or isolation of the older person involves an act
or omission of the Aging Services Division, another division of the Department
of Human Resources or a law enforcement agency, the person shall make the
report to an agency other than the one alleged to have committed the act or
omission.

3. Each agency, after reducing a report to writing,
shall forward a copy of the report to the Aging Services Division of the
Department of Human Resources.

4. A report must be made pursuant to subsection 1 by
the following persons:

(a) Every physician, dentist, dental hygienist,
chiropractor, optometrist, podiatric physician, medical examiner, resident,
intern, professional or practical nurse, physician assistant, psychiatrist,
psychologist, marriage and family therapist, alcohol or drug abuse counselor, athletic trainer, driver
of an ambulance, advanced emergency medical technician or other person
providing medical services licensed or certified to practice in this state, who
examines, attends or treats an older person who appears to have been abused,
neglected, exploited or isolated.

(b) Any personnel of a hospital or similar institution
engaged in the admission, examination, care or treatment of persons or an
administrator, manager or other person in charge of a hospital or similar institution
upon notification of the suspected abuse, neglect, exploitation or isolation of
an older person by a member of the staff of the hospital.

(c) A coroner.

(d) Every clergyman, practitioner of Christian Science
or religious healer, unless he acquired the knowledge of abuse, neglect,
exploitation or isolation of the older person from the offender during a
confession.

(e) Every person who maintains or is employed by an
agency to provide nursing in the home.

(f) Every attorney, unless he has acquired the
knowledge of abuse, neglect, exploitation or isolation of the older person from
a client who has been or may be accused of such abuse, neglect, exploitation or
isolation.

(g) Any employee of the Department of Human Resources.

(h) Any employee of a law enforcement agency or a
countys office for protective services or an adult or juvenile probation
officer.

(i) Any person who maintains or is employed by a
facility or establishment that provides care for older persons.

(j) Any person who maintains, is employed by or serves
as a volunteer for an agency or service which advises persons regarding the
abuse, neglect, exploitation or isolation of an older person and refers them to
persons and agencies where their requests and needs can be met.

(k) Every social worker.

(l) Any person who owns or is employed by a funeral
home or mortuary.

5. A report may be made by any other person.

6. If a person who is required to make a report
pursuant to subsection 1 knows or has reasonable cause to believe that an older
person has died as a result of abuse, neglect or isolation, the person shall,
as soon as reasonably practicable, report this belief to the appropriate
medical examiner or coroner, who shall investigate the cause of death of the
older person and submit to the appropriate local law enforcement agencies, the
appropriate prosecuting attorney and the Aging Services Division of the
Department of Human Resources his written findings. The written findings must
include the information required pursuant to the provisions of NRS 200.5094,
when possible.

7. A division, office or department which receives a
report pursuant to this section shall cause the investigation of the report to
commence within 3 working days. A copy of the final report of the investigation
conducted by a division, office or department, other than the Aging Services
Division of the Department of Human Resources, must be forwarded to the Aging
Services Division within 90 days after the completion of the report.

8. If the investigation of a report results in the
belief that an older person is abused, neglected, exploited or isolated, the
Aging Services Division of the Department of Human Resources or the countys
office for protective services may provide protective services to the older
person if he is able and willing to accept them.

9. A person who knowingly and willfully violates any
of the provisions of this section is guilty of a misdemeanor.

Sec. 43. NRS 200.5095 is hereby amended to
read as follows:

200.5095 1. Reports made pursuant to NRS 200.5093 and
200.5094, and records and investigations relating to those reports, are
confidential.

2. A person, law enforcement agency or public or
private agency, institution or facility who willfully releases data or
information concerning the reports and investigation of the abuse, neglect,
exploitation or isolation of older persons, except:

(a) Pursuant to a criminal prosecution;

(b) Pursuant to NRS 200.50982; or

(c) To persons or agencies enumerated in subsection 3
of this section,

3. Except as otherwise provided in subsection 2 and
NRS 200.50982, data or information concerning the reports and investigations of
the abuse, neglect, exploitation or isolation of an older person is available
only to:

(a) A physician who is providing care to an older
person who may have been abused, neglected, exploited or isolated;

(b) An agency responsible for or authorized to
undertake the care, treatment and supervision of the older person;

(c) A district attorney or other law enforcement
official who requires the information in connection with an investigation of
the abuse, neglect, exploitation or isolation of the older person;

(d) A court which has determined, in camera, that
public disclosure of such information is necessary for the determination of an
issue before it;

(e) A person engaged in bona fide research, but the
identity of the subjects of the report must remain confidential;

(f) A grand jury upon its determination that access to
such records is necessary in the conduct of its official business;

(g) Any comparable authorized person or agency in
another jurisdiction;

(h) A legal guardian of the older person, if the
identity of the person who was responsible for reporting the alleged abuse,
neglect, exploitation or isolation of the older person to the public agency is
protected, and the legal guardian of the older person is not the person
suspected of such abuse, neglect, exploitation or isolation;

(i) If the older person is deceased, the executor or
administrator of his estate, if the identity of the person who was responsible
for reporting the alleged abuse, neglect, exploitation or isolation of the
older person to the public agency is protected, and the executor or
administrator is not the person suspected of such abuse, neglect, exploitation
or isolation; or

(j) The older person named in the report as allegedly
being abused, neglected, exploited or isolated, if that person is not legally
incompetent.

4. If the person who is reported to have abused,
neglected, exploited or isolated an older person is the holder of a license or
certificate issued pursuant to chapters 449, 630 to 641B, inclusive, or 654 of
NRS,or sections 2 to 37,
inclusive, of this act, information contained in the report must
be submitted to the board that issued the license.

Sec. 44. NRS 218.825 is hereby amended to
read as follows:

218.825 1. Each of the boards and commissions created
by the provisions of chapters 623 to 625A, inclusive, 628 to 644, inclusive, and
[641C,]654
and 656 of NRS and sections 2 to
37, inclusive, of this act shall engage the services of a
certified public accountant or public accountant, or firm of either of such
accountants, to audit all its fiscal records once each year for the preceding
fiscal year or once every other year for the 2 preceding fiscal years. The cost
of the audit must be paid by the board or commission audited.

2. A report of each such audit must be filed by the
board or commission with the Legislative Auditor and the [Director]Chief of
the Budget Division of the
Department of Administration on or before December 1 of each year
in which an audit is conducted. All audits must be conducted in accordance with
generally accepted auditing standards and all financial statements must be
prepared in accordance with generally accepted principles of accounting for
special revenue funds.

3. The Legislative Auditor shall audit the fiscal
records of any such board or commission whenever directed to do so by the
Legislative Commission.

Commission. When the Legislative Commission directs such an
audit, it shall also determine who is to pay the cost of the audit.

Sec. 45. NRS 284.013 is hereby amended to
read as follows:

284.013 1. Except as otherwise provided in subsection
4, this chapter does not apply to:

(a) Agencies, bureaus, commissions, officers or
personnel in the Legislative Department or the Judicial Department of State
Government, including the Commission on Judicial Discipline;

(b) Any person who is employed by a board, commission,
committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630
to 644, inclusive, 648, 652, 654 and 656 of NRS[;]and
sections 2 to 37, inclusive, of this act; or

(c) Officers or employees of any agency of the
Executive Department of the State Government who are exempted by specific
statute.

2. Except as otherwise provided in subsection 3, the
terms and conditions of employment of all persons referred to in subsection 1,
including salaries not prescribed by law and leaves of absence, including,
without limitation, annual leave and sick and disability leave, must be fixed
by the appointing or employing authority within the limits of legislative
appropriations or authorizations.

3. Except as otherwise provided in this subsection,
leaves of absence prescribed pursuant to subsection 2 must not be of lesser
duration than those provided for other state officers and employees pursuant to
the provisions of this chapter. The provisions of this subsection do not govern
the Legislative Commission with respect to the personnel of the Legislative
Counsel Bureau.

4. Any board, commission, committee or council created
in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652,
654 and 656 of NRS and sections 2
to 37, inclusive, of this act which contracts for the services of
a person, shall require the contract for those services to be in writing. The
contract must be approved by the State Board of Examiners before those services
may be provided.

Sec. 46. NRS 353.005 is hereby amended to
read as follows:

353.005 The provisions of this chapter do not apply to
boards created pursuant to chapters 623 to 625A, inclusive, 628, 630 to 640A,
inclusive, 641 to 644, inclusive, 654 and 656 of NRSand sections 2 to 37, inclusive, of this act
and the officers and employees thereof.

Sec. 47. NRS 353A.020 is hereby amended to
read as follows:

353A.020 1. The Director, in consultation with the
Committee and Legislative Auditor, shall adopt a uniform system of internal
accounting and administrative control for agencies. The elements of the system
must include, without limitation:

(a) A plan of organization which provides for a
segregation of duties appropriate to safeguard the assets of the agency;

(b) A plan which limits access to assets of the agency
to persons who need the assets to perform their assigned duties;

(c) Procedures for authorizations and recordkeeping
which effectively control accounting of assets, liabilities, revenues and
expenses;

(d) A system of practices to be followed in the
performance of the duties and functions of each agency; and

(e) An effective system of internal review.

2. The Director, in consultation with the Committee
and Legislative Auditor, may modify the system whenever he considers it
necessary.

3. Each agency shall develop written procedures to
carry out the system of internal accounting and administrative control adopted
pursuant to this section.

4. For the purposes of this section, agency does not
include:

(a) A board created by the provisions of chapters 623
to 625A, inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654 and
656 of NRS[.]and
sections 2 to 37, inclusive, of this act.

(b) The University and Community College System of
Nevada.

(c) The Public Employees Retirement System.

(d) The Housing Division of the Department of Business
and Industry.

(e) The Colorado River Commission of Nevada.

Sec. 48. NRS 353A.025 is hereby amended to
read as follows:

353A.025 1. The head of each agency shall
periodically review the agencys system of internal accounting and
administrative control to determine whether it is in compliance with the
uniform system of internal accounting and administrative control for agencies
adopted pursuant to subsection 1 of NRS 353A.020.

2. On or before July 1 of each even-numbered year, the
head of each agency shall report to the Director whether the agencys system of
internal accounting and administrative control is in compliance with the
uniform system adopted pursuant to subsection 1 of NRS 353A.020. The reports
must be made available for inspection by the members of the Legislature.

3. For the purposes of this section, agency does not
include:

(a) A board created by the provisions of chapters 623
to 625A, inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654 and
656 of NRS[.]and
sections 2 to 37, inclusive, of this act.

(b) The University and Community College System of
Nevada.

(c) The Public Employees Retirement System.

(d) The Housing Division of the Department of Business
and Industry.

(e) The Colorado River Commission of Nevada.

4. The Director shall, on or before the first Monday
in February of each odd-numbered year, submit a report on the status of
internal accounting and administrative controls in agencies to the:

(a) Director of the Legislative Counsel Bureau for
transmittal to the:

(1) Senate Standing Committee on Finance; and

(2) Assembly Standing Committee on Ways and
Means;

(b) Governor; and

(c) Legislative Auditor.

5. The report submitted by the Director pursuant to
subsection 4 must include, without limitation:

(a) The identification of each agency that has not
complied with the requirements of subsections 1 and 2;

(b) The identification of each agency that does not
have an effective method for reviewing its system of internal accounting and
administrative control; and

(c) The identification of each agency that has
weaknesses in its system of internal accounting and administrative control, and
the extent and types of such weaknesses.

2. Develop long-term and annual work plans to be based
on the results of periodic documented risk assessments. The annual work plan
must list the agencies to which the Division will provide training and
assistance and be submitted to the Director for approval. Such agencies must
not include:

(a) A board created by the provisions of chapters 623
to 625A, inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654 and
656 of NRS[.]and
sections 2 to 37, inclusive, of this act.

(b) The University and Community College System of
Nevada.

(c) The Public Employees Retirement System.

(d) The Housing Division of the Department of Business
and Industry.

(e) The Colorado River Commission of Nevada.

3. Provide a copy of the approved annual work plan to
the Legislative Auditor.

4. In consultation with the Director, prepare a plan
for auditing executive branch agencies for each fiscal year and present the
plan to the Committee for its review and approval. Each plan for auditing must:

(a) State the agencies which will be audited, the
proposed scope and assignment of those audits and the related resources which
will be used for those audits; and

(b) Ensure that the internal accounting, administrative
controls and financial management of each agency are reviewed periodically.

5. Perform the audits of the programs and activities
of the agencies in accordance with the plan approved pursuant to subsection 5
of NRS 353A.038 and prepare audit reports of his findings.

6. Review each agency that is audited pursuant to
subsection 5 and advise those agencies concerning internal accounting,
administrative controls and financial management.

7. Submit to each agency that is audited pursuant to
subsection 5 analyses, appraisals and recommendations concerning:

(a) The adequacy of the internal accounting and
administrative controls of the agency; and

(b) The efficiency and effectiveness of the management
of the agency.

8. Report any possible abuses, illegal actions,
errors, omissions and conflicts of interest of which the Division becomes aware
during the performance of an audit.

9. Adopt the standards of the Institute of Internal
Auditors for conducting and reporting on audits.

10. Consult with the Legislative Auditor concerning
the plan for auditing and the scope of audits to avoid duplication of effort
and undue disruption of the functions of agencies that are audited pursuant to
subsection 5.

11. Appoint a Manager of Internal Controls.

Sec. 50. NRS 432B.220 is hereby amended to read
as follows:

432B.220 1. Any person who
is described in subsection 3 and who, in his professional or occupational
capacity, knows or has reasonable cause to believe that a child has been abused
or neglected shall:

(a) Except as otherwise provided in subsection 2,
report the abuse or neglect of the child to an agency which provides child
welfare services or to a law enforcement agency; and

(b) Make such a report as soon as reasonably
practicable but not later than 24 hours after the person knows or has
reasonable cause to believe that the child has been abused or neglected.

2. If a person who is required to make a report
pursuant to subsection 1 knows or has reasonable cause to believe that the
abuse or neglect of the child involves an act or omission of:

(a) A person directly responsible or serving as a
volunteer for or an employee of a public or private home, institution or
facility where the child is receiving child care outside of his home for a
portion of the day, the person shall make the report to a law enforcement
agency.

(b) An agency which provides child welfare services or
a law enforcement agency, the person shall make the report to an agency other
than the one alleged to have committed the act or omission, and the
investigation of the abuse or neglect of the child must be made by an agency
other than the one alleged to have committed the act or omission.

3. A report must be made pursuant to subsection 1 by
the following persons:

(b) Any personnel of a hospital or similar institution
engaged in the admission, examination, care or treatment of persons or an
administrator, manager or other person in charge of a hospital or similar
institution upon notification of suspected abuse or neglect of a child by a
member of the staff of the hospital;

(c) A coroner;

(d) A clergyman, practitioner of Christian Science or
religious healer, unless he has acquired the knowledge of the abuse or neglect
from the offender during a confession;

(e) A social worker and an administrator, teacher,
librarian or counselor of a school;

(f) Any person who maintains or is employed by a
facility or establishment that provides care for children, childrens camp or
other public or private facility, institution or agency furnishing care to a
child;

(g) Any person licensed to conduct a foster home;

(h) Any officer or employee of a law enforcement agency
or an adult or juvenile probation officer;

(i) An attorney, unless he has acquired the knowledge
of the abuse or neglect from a client who is or may be accused of the abuse or
neglect;

(j) Any person who maintains, is employed by or serves
as a volunteer for an agency or service which advises persons regarding abuse
or neglect of a child and refers them to persons and agencies where their
requests and needs can be met; and

(k) Any person who is employed by or serves as a
volunteer for an approved youth shelter. As used in this paragraph, approved
youth shelter has the meaning ascribed to it in NRS 244.422.

4. A report may be made by any other person.

5. If a person who is required to make a report
pursuant to subsection 1 knows or has reasonable cause to believe that a child
has died as a result of abuse or neglect, the person shall, as soon as
reasonably practicable, report this belief to the appropriate medical examiner
or coroner, who shall investigate the report and submit to an agency which
provides child welfare services his written findings.

services his written findings. The written findings must
include, if obtainable, the information required pursuant to the provisions of
subsection 2 of NRS 432B.230.

Sec. 51. NRS 608.0116 is hereby amended to
read as follows:

608.0116 Professional means pertaining to an
employee who is licensed or certified by the State of Nevada for and engaged in
the practice of law or any of the professions regulated by chapters 623 to 645,
inclusive, and 656A of NRS[.]and
sections 2 to 37, inclusive, of this act.

Sec. 52. Notwithstanding the provisions of sections
2 to 37, inclusive, of this act, a person who engages in the practice of
athletic training is not required to be licensed as such pursuant to the
provisions of this act before July 1, 2004.

Sec. 53. 1. Notwithstanding the provisions of
sections 2 to 37, inclusive, of this act, a person may be licensed as an
athletic trainer, if he is employed or otherwise working as an athletic trainer
on October 1, 2003, he is qualified for a license as an athletic trainer
pursuant to the provisions of subsection 2 and, before April 1, 2004, he
submits to the Board of Athletic Trainers created pursuant to section 16 of
this act:

(a) An application for a license on a form provided by the
Board;

(b) The fee for the license prescribed by the Board pursuant
to section 33 of this act; and

(c) The statement required pursuant to section 28 of this
act unless after January 1, 2003, the provisions of 42 U.S.C. § 666 requiring
each state to establish procedures under which the state has authority to
withhold or suspend, or to restrict the use of professional, occupational and
recreational licenses of persons who:

(1) Have failed to comply with a subpoena or warrant
relating to a procedure to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(2) Are in arrears in the payment for the support of
one or more children,

are repealed by the Congress of the United States.

2. An applicant is qualified for a license pursuant to this
section as an athletic trainer if he:

(a) Is certified as an athletic trainer by the National
Athletic Trainers Association Board of Certification;

(b) Has a bachelors degree in a course of study approved by
the Board; or

(c) Has education, training, experience or other
qualifications that the Board determines qualify him to engage in the practice
of athletic training.

Sec. 54. 1. Notwithstanding the provisions of
section 16 of this act, each athletic trainer who is appointed to the Board of
Athletic Trainers to an initial term pursuant to subsection 2 is not required
to be licensed pursuant to sections 2 to 37, inclusive, of this act, at the
time of appointment but must be eligible for a license as such at the time of
appointment.

2. As soon as practicable after October 1, 2003, the
Governor shall appoint to the Board of Athletic Trainers:

(a) Two members whose terms expire on September 30, 2005;
and

(b) Three members whose terms expire on September 30, 2006.

Sec. 55. 1. On or before January 1, 2004, the Board
of Athletic Trainers shall:

(a) Identify the personal trainers and other fitness
instructors in this state and establish a registry of the names and addresses
of those personal trainers and other fitness instructors to provide notice of
the time and place of the public hearings held by the Board pursuant to this
section; and

(b) Hold not less than five public hearings for the purpose
of establishing recommendations concerning the regulation of personal trainers
and other fitness instructors in this state.

2. On or before January 15, 2005, the Board shall submit a
report of its findings and recommendations concerning the regulation of
personal trainers and other fitness instructors in this state to the 73rd
Session of the Nevada Legislature. The recommendations may include, without limitation,
appropriate:

Sec. 56. Sections 28 and 29 of this act expire by
limitation on the date on which the provisions of 42 U.S.C. § 666 requiring
each state to establish procedures under which the state has authority to
withhold or suspend, or to restrict the use of professional, occupational and
recreational licenses of persons who:

1. Have failed to comply with a subpoena or warrant
relating to a procedure to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

2. Are in arrears in the payment for the support of one or
more children,

are repealed by the Congress of the United States.

________

CHAPTER 174, SB 36

Senate Bill No. 36Committee on Human Resources and
Facilities

CHAPTER 174

AN ACT relating to
education; authorizing regional training programs for the professional
development of teachers and administrators to facilitate access to information
concerning issues related to suicide among pupils; providing that receipt of or
access to such information does not create an additional duty; and providing
other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 391 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. The
governing body of a regional training program may facilitate and coordinate
access to information by teachers and administrators concerning issues related
to suicide among pupils. Such information must be offered for educational
purposes only.

2. Receipt of
or access to information pursuant to subsection 1 does not create a duty for any
person in addition to those duties otherwise required in the course of his
employment.

Sec. 2. NRS 391.500 is hereby amended to read
as follows:

391.500 As used in NRS 391.500 to 391.556, inclusive, and section 1 of this act, unless
the context otherwise requires, the words and terms defined in NRS 391.504 and
391.508 have the meanings ascribed to them in those sections.

Sec. 3. This act becomes effective on July 1, 2003.

________

CHAPTER 175, SB 62

Senate Bill No. 62Committee on Human Resources and
Facilities

CHAPTER 175

AN ACT relating to
the University and Community College System of Nevada; requiring an institution
within the University and Community College System of Nevada to provide
electronic versions of instructional materials to students with print access
disabilities under certain circumstances; requiring a publisher of such
materials to provide the materials to an institution under certain
circumstances; and providing other matters properly relating thereto.

[Approved: May 22, 2003]

Whereas, Congress, in passing the Americans with Disabilities
Act of 1990 and the Rehabilitation Act of 1973, guaranteed Americans with
disabilities access to public buildings and services and guaranteed reasonable
accommodations to qualified students with disabilities; and

Whereas, In the 1995-1996 school year, approximately 6
percent of undergraduate students in the United States reported that they had a
disability; and

Whereas, Print access disabilities present a significant
disadvantage to students with such disabilities; and

Whereas, Improving the educational results of students with
disabilities who are enrolled in postsecondary educational institutions is an
essential mission of this state; and

Whereas, Ensuring opportunities for and the full participation
of students with disabilities in higher education is a top priority in this
state; and

Whereas, The State of Nevada and the University and Community
College System of Nevada are dedicated to providing a quality postsecondary
education to students with disabilities that meets the unique needs of such
students; and

Whereas, The State of Nevada and the University and Community
College System of Nevada are committed to working with publishers and other
resources to ensure that students with disabilities receive instructional
material in a timely manner and in a comprehensible format; and

Whereas,
It is the policy of the State of Nevada that each textbook and other
instructional material for higher education must be provided to students with
disabilities in a comprehensible format when such a version of the textbook or
other instructional material exists; now, therefore,THE PEOPLE OF THE STATE OF
NEVADA, REPRESENTED IN

Section 1.Chapter
396 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. In the most timely manner practicable after
receiving a written request for an electronic version of instructional material
from a student with a print access disability, an institution shall provide to
the student, at no cost, an electronic version of each requested instructional
material that the institution determines is essential to the success of the
student in a course of study offered by an institution of the System in which
the student is enrolled.

2. If an institution receives a request for an electronic
version of nonprinted instructional material from a student pursuant to
subsection 1 to whom the institution would be required to provide an electronic
version of the material pursuant to subsection 1 and an electronic version of
the nonprinted instructional material is not currently available at the
institution or at another institution of the System, the institution must
contact the publisher of the nonprinted instructional material and request an
electronic version of the nonprinted instructional material. If the publisher:

(a) Has an electronic version of the nonprinted
instructional material, the publisher must provide the electronic version to
the institution for distribution to the student; or

(b) Does not
have an electronic version of the nonprinted instructional material, the
institution must create and provide to the student an electronic version in the
most timely manner practicable after the institution is notified by the
publisher that the publisher does not have an electronic version of the
nonprinted instructional material.

3. As used in this section:

(a) Institution means any university, state college
or community college within the System.

(b) Instructional material means any published
textbook and other published material that is used by students of the System.
The term does not include nontextual mathematics and science materials unless,
as determined by the Board of Regents, such materials are commercially
available in a format that is compatible for use with equipment which is used
by students of the System with print access disabilities to convert material
into a format that provides them with the ability to have increased independent
access to the material. The term includes, without limitation, nonprinted
instructional material.

(c) Nonprinted instructional material means
instructional material that is in a format other than print. The term does not
include a website or Internet link that is associated with instructional
material. The term includes, without limitation, instructional material that
requires electronic equipment other than a computer or computer peripheral for
the material to be used as a learning resource, such as a software program,
videodisc, videotape and audiotape.

(d) Print
access disability means a condition in which a persons independent reading
of, reading comprehension of, or visual access to printed material is limited
or reduced because of a sensory, neurological, cognitive, physical or
psychiatric disability.

________

CHAPTER 176, SB 72

Senate Bill No. 72Committee on Judiciary

CHAPTER 176

AN ACT relating to
conservation camps; authorizing the State Forester Firewarden of the Division
of Forestry of the State Department of Conservation and Natural Resources to
determine the amount of wages that must be paid to offenders who participate in
conservation camps and who perform work relating to fire fighting and other
work projects of conservation camps; and providing other matters properly
relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 209.231 is hereby amended to
read as follows:

209.231 1. Any money received from the operation of
any conservation camp established under this chapter or from the assignment of
any crew of a conservation camp to the extent that the money is not used for
salaries, overhead or operating expenses of any camp or crew[,]must
be placed in the Division of Forestry Account.

2. The State Forester Firewarden, as Executive Head of
the Division of Forestry of the State Department of Conservation and Natural
Resources, may:

(a) Expend the money received pursuant to subsection 1
for:

(1) The renovation, repair or improvement of
buildings and real property for any conservation camp.

(2) The acquisition of special clothing, tools
and equipment , and payment of expenses directly
related to work projects performed by a crew of a conservation camp such as,
but not limited to, the costs of utilities and operation of equipment.

(b) Direct all activities in connection with any
renovation, repair or improvement of buildings and real property for any
conservation camp or work project of a conservation camp.

3. The State
Forester Firewarden shall determine the amount of wages that must be paid to
offenders who participate in conservation camps as provided in NRS 472.040.

Sec. 2. NRS 472.040 is hereby amended to read
as follows:

472.040 1. The State Forester Firewarden shall:

(a) Supervise or coordinate all forestry and watershed
work on state-owned and privately owned lands, including fire control, in
Nevada, working with federal agencies, private associations, counties, towns,
cities or private persons.

(b) Administer all fire control laws and all forestry
laws in Nevada outside of townsite boundaries, and perform any other duties
designated by the Director of the State Department of Conservation and Natural
Resources or by state law.

(c) Assist and encourage county or local fire
protection districts to create legally constituted fire protection districts
where they are needed and offer guidance and advice in their operation.

(d) Designate the boundaries of each area of the State
where the construction of buildings on forested lands creates such a fire
hazard as to require the regulation of roofing materials.

(e) Adopt and enforce regulations relating to standards
for fire retardant roofing materials to be used in the construction,
alteration, change or repair of buildings located within the boundaries of fire
hazardous forested areas.

(f) Purchase communication equipment which can use the
microwave channels of the state communications system and store this equipment
in regional locations for use in emergencies.

(g) Administer money appropriated and grants awarded
for fire prevention, fire control and the education of firemen and award grants
of money for those purposes to fire departments and educational institutions in
this state.

(h) Determine
the amount of wages that must be paid to offenders who participate in
conservation camps and who perform work relating to fire fighting and other
work projects of conservation camps.

2. The State Forester Firewarden in carrying out the
provisions of this chapter may:

(a) Appoint paid foresters and firewardens to enforce
the provisions of the laws of this state respecting forest and watershed
management or the protection of forests and other lands from fire, subject to
the approval of the board of county commissioners of each county concerned.

(b) Appoint suitable citizen-wardens. Citizen-wardens
serve voluntarily except that they may receive compensation when an emergency
is declared by the State Forester Firewarden.

(c) Appoint, upon the recommendation of the appropriate
federal officials, resident officers of the United States Forest Service and
the United States Bureau of Land Management as voluntary firewardens. Voluntary
firewardens are not entitled to compensation for their services.

(e) Employ, with the consent of the Director of the
State Department of Conservation and Natural Resources, clerical assistance,
county and district coordinators, patrolmen, firefighters, and other employees
as needed, and expend such sums as may be necessarily incurred for this
purpose.

(f) Purchase, or acquire by donation, supplies,
material, equipment and improvements necessary to fire protection and forest
and watershed management.

(g) With the approval of the Director of the State Department
of Conservation and Natural Resources and the State Board of Examiners,
purchase or accept the donation of real property to be used for lookout sites
and for other administrative, experimental or demonstration purposes. No real
property may be purchased or accepted unless an examination of the title shows
the property to be free from encumbrances, with title vested in the grantor.

grantor. The title to the real property must be examined and
approved by the Attorney General.

(h) Expend any money appropriated by the State to the
Division of Forestry of the State Department of Conservation and Natural
Resources for paying expenses incurred in fighting fires or in emergencies
which threaten human life.

3. The State Forester Firewarden, in carrying out the
powers and duties granted in this section, is subject to administrative
supervision by the Director of the State Department of Conservation and Natural
Resources.

AN ACT relating to
counties; extending the time a county may lease real property of the county to
a corporation for public benefit under certain circumstances; and providing
other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 244.284 is hereby amended to
read as follows:

244.284 1. In addition to the powers conferred by NRS
450.500, the board of county commissioners may:

(a) Lease any of the real property of the county for a
term not exceeding [30]99 years; or

(b) Convey any of the real property of the county,
except property of the county that is operated or occupied by the county fair
and recreation board, without consideration,

if such real property is not needed for the public purposes
of the county and is leased or conveyed to a corporation for public benefit,
and the property is actually used for charitable or civic purposes.

2. A lease or conveyance pursuant to this section may
be made on such terms and conditions as seem proper to the board of county
commissioners.

3. If a corporation for public benefit to which
property is conveyed pursuant to this section ceases to use the property for
charitable or civic purposes, the property automatically reverts to the county.

4. As used in this section, corporation for public
benefit has the meaning ascribed to it in NRS 82.021.

________

κ2003
Statutes of Nevada, Page 919κ

CHAPTER 178, SB 122

Senate Bill No. 122Senators Titus and Wiener

CHAPTER 178

AN ACT relating to
malpractice; revising various provisions relating to filings and rates for
certain insurers that issue policies of malpractice insurance; providing
persons with the right to provide testimony at certain hearings before the
Commissioner of Insurance under certain circumstances; establishing various
requirements relating to policies of malpractice insurance; authorizing the
Commissioner to protect essential medical specialties from certain adverse
actions regarding policies of malpractice insurance; requiring the Commissioner
to collect certain information and to conduct certain studies relating to
policies of malpractice insurance; providing that certain information in
certain settlement agreements must not be made confidential; providing
penalties; and providing other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 686B.040 is hereby amended to read as
follows:

686B.040 [The]

1. Except
as otherwise provided in subsection 2, the Commissioner may by
rule exempt any person or class of persons or any market segment from any or
all of the provisions of NRS 686B.010 to 686B.1799, inclusive, if and to the
extent that he finds their application unnecessary to achieve the purposes of
those sections.

2. The
Commissioner may not, by rule or otherwise, exempt an insurer from the
provisions of NRS 686B.010 to 686B.1799, inclusive, with regard to insurance
covering the liability of a practitioner licensed pursuant to chapter 630, 631,
632 or 633 of NRS for a breach of his professional duty toward a patient.

Sec. 2. NRS 686B.070 is hereby amended to read as
follows:

686B.070 1.
Every authorized insurer and every rate service organization
licensed under NRS [686B.130]686B.140 which has been
designated by any insurer for the filing of rates under subsection 2 of NRS
686B.090 shall file with the Commissioner all:

[1.](a) Rates and proposed
increases thereto;

[2.](b) Forms of policies to
which the rates apply;

[3.](c) Supplementary rate
information; and

[4.](d) Changes and amendments
thereof,

made by it for use in this state.

2. If an
insurer makes a filing for a proposed increase in a rate for insurance covering
the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or
633 of NRS for a breach of his professional duty toward a patient, the insurer
shall not include in the filing any component that is directly or indirectly
related to the following:

(a) Capital
losses, diminished cash flow from any dividends, interest or other investment
returns, or any other financial loss that is materially outside of the claims experience of the professional liability
insurance industry, as determined by the Commissioner.

outside of the
claims experience of the professional liability insurance industry, as
determined by the Commissioner.

(b) Losses
that are the result of any criminal or fraudulent activities of a director,
officer or employee of the insurer.

If the
Commissioner determines that a filing includes any such component, the
Commissioner shall, pursuant to NRS 686B.110, disapprove the proposed increase,
in whole or in part, to the extent that the proposed increase relies upon such
a component.

Sec. 3. NRS 686B.090 is hereby amended to read as
follows:

686B.090 1. An insurer shall establish rates and
supplementary rate information for any market segment based on the factors in
NRS 686B.060. If an insurer has insufficient creditable loss experience, it may
use rates and supplementary rate information prepared by a rate service
organization, with modification for its own expense and loss experience.

2. An insurer may discharge its obligation under subsection 1 of NRS
686B.070 by giving notice to the Commissioner that it uses rates and
supplementary rate information prepared by a designated rate service
organization, with such information about modifications thereof as are necessary
fully to inform the Commissioner. The insurers rates and supplementary rate
information shall be deemed those filed from time to time by the rate service
organization, including any amendments thereto as filed, subject [,
however,]to the modifications
filed by the insurer.

Sec. 4. NRS 686B.110 is hereby amended to read as
follows:

686B.110 1. The Commissioner shall consider each
proposed increase or decrease in the rate of any kind or line of insurance or
subdivision thereof filed with him pursuant to subsection 1 of NRS 686B.070. If the
Commissioner finds that a proposed increase will result in a rate which is not
in compliance with NRS 686B.050 [,]or subsection 2 of NRS 686B.070, he
shall disapprove the proposal. The Commissioner shall approve or disapprove
each proposal no later than 60 days after it is determined by him to be
complete pursuant to subsection 4. If the Commissioner fails to approve or
disapprove the proposal within that period, the proposal shall be deemed
approved.

2. Whenever an insurer has no legally effective rates
as a result of the Commissioners disapproval of rates or other act, the
Commissioner shall on request specify interim rates for the insurer that are
high enough to protect the interests of all parties and may order that a
specified portion of the premiums be placed in an escrow account approved by
him. When new rates become legally effective, the Commissioner shall order the
escrowed funds or any overcharge in the interim rates to be distributed
appropriately, except that refunds to policyholders that are de minimis must
not be required.

3. If the Commissioner disapproves a proposed rate and
an insurer requests a hearing to determine the validity of his action, the
insurer has the burden of showing compliance with the applicable standards for
rates established in NRS 686B.010 to 686B.1799, inclusive. Any such hearing
must be held:

(a) Within 30 days after the request for a hearing has
been submitted to the Commissioner; or

(b) Within a period agreed upon by the insurer and the
Commissioner.

If the hearing is not held within the period specified in
paragraph (a) or (b), or if the Commissioner fails to issue an order concerning
the proposed rate for which the hearing is held within 45
days after the hearing, the proposed rate shall be deemed approved.

for which the hearing is held within 45 days after the
hearing, the proposed rate shall be deemed approved.

4. The Commissioner shall by regulation specify the
documents or any other information which must be included in a proposal to
increase or decrease a rate submitted to him pursuant to subsection 1. Each
such proposal shall be deemed complete upon its filing with the Commissioner,
unless the Commissioner, within 15 business days after the proposal is filed
with him, determines that the proposal is incomplete because the proposal does
not comply with the regulations adopted by him pursuant to this subsection.

Sec. 5. NRS 686B.115 is hereby amended to read as
follows:

686B.115 1. Any hearing held by the Commissioner to
determine whether rates comply with the provisions of NRS 686B.010 to
686B.1799, inclusive, must be open to members of the public.

2. All costs for transcripts prepared pursuant to such
a hearing must be paid by the insurer requesting the hearing.

3. At any
hearing which is held by the Commissioner to determine whether rates comply
with the provisions of NRS 686B.010 to 686B.1799, inclusive, and which involves
rates for insurance covering the liability of a practitioner licensed pursuant
to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty
toward a patient, if a person is not otherwise authorized pursuant to this
title to become a party to the hearing by intervention, the person is entitled
to provide testimony at the hearing if, not later than 2 days before the date
set for the hearing, the person files with the Commissioner a written statement
which states:

(a) The
name and title of the person;

(b) The
interest of the person in the hearing; and

(c) A
brief summary describing the purpose of the testimony the person will offer at
the hearing.

4. If a
person provides testimony at a hearing in accordance with subsection 3:

(a) The
Commissioner may, if he finds it necessary to preserve order, prevent
inordinate delay or protect the rights of the parties at the hearing, place
reasonable limitations on the duration of the testimony and prohibit the person
from providing testimony that is not relevant to the issues raised at the
hearing.

(b) The
Commissioner shall consider all relevant testimony provided by the person at
the hearing in determining whether the rates comply with the provisions of NRS
686B.010 to 686B.1799, inclusive.

Sec. 6. Chapter 690B of NRS is hereby amended by
adding thereto the provisions set forth as sections 7 to 16, inclusive, of this
act.

Sec. 7. As
used in sections 7 to 16, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in sections 8 to 11, inclusive, of this
act have the meanings ascribed to them in those sections.

Sec. 8. Claims-made
policy means a policy of professional liability insurance that provides
coverage only for claims that arise from incidents or events which occur while
the policy is in force and which are reported to the insurer while the policy
is in force.

Sec. 9. Extended reporting endorsement means
an endorsement to a claims-made policy which requires the payment of a separate
premium and which provides coverage for claims that arise from incidents or
events which occur while the claims-made
policy is in force but which are reported to the insurer after the claims-made
policy is terminated.

which occur while the
claims-made policy is in force but which are reported to the insurer after the
claims-made policy is terminated.

Sec. 10. Practitioner means a practitioner who provides health care and who is
licensed pursuant to chapter 630, 631, 632 or 633 of NRS.

Sec. 11. Professional liability insurance means a policy of insurance covering
the liability of a practitioner for a breach of his professional duty toward a
patient.

Sec. 12. If an insurer offers to issue a claims-made policy to a practitioner, the
insurer shall:

1. Offer to
issue an extended reporting endorsement to the practitioner; and

2. Disclose to
the practitioner the cost formula that the insurer uses to determine the
premium for the extended reporting endorsement. The cost formula must be based
on:

(a) An amount
that is not more than twice the amount of the premium for the claims-made
policy at the time of the termination of that policy; and

(b) The rates
filed by the insurer and approved by the Commissioner.

Sec. 13. 1. Except as otherwise provided in this section, if an insurer issues a
policy of professional liability insurance to a practitioner who delivers one
or more babies per year, the insurer shall not set the premium for the policy
at a rate that is different from the rate set for such a policy issued by the
insurer to any other practitioner who delivers one or more babies per year if
the difference in rates is based in whole or in part upon the number of babies
delivered per year by the practitioner.

2. If an
insurer issues a policy of professional liability insurance to a practitioner
who delivers one or more babies per year, the insurer may set the premium for
the policy at a rate that is different, based in whole or in part upon the
number of babies delivered per year by the practitioner, from the rate set for
such a policy issued by the insurer to any other practitioner who delivers one
or more babies per year if the insurer:

(a) Bases the
difference upon actuarial and loss experience data available to the insurer;
and

(b) Obtains the
approval of the Commissioner for the difference in rates.

3. The
provisions of this section do not prohibit an insurer from setting the premium
for a policy of professional liability insurance issued to a practitioner who
delivers one or more babies per year at a rate that is different from the rate
set for such a policy issued by the insurer to any other practitioner who
delivers one or more babies per year if the difference in rates is based solely
upon factors other than the number of babies delivered per year by the
practitioner.

Sec. 14. 1. On or before April 1 of each year, the Commissioner shall:

(a) Determine
whether there are any medical specialties in this state which are essential as
a matter of public policy and which must be protected pursuant to this section
from certain adverse actions relating to professional liability insurance that
may impair the availability of those essential medical specialties to the
residents of this state; and

(b) Make a list
containing the essential medical specialties designated by the Commissioner and
provide the list to each insurer that issues policies of professional liability
insurance to practitioners who are practicing in one or more of the essential
medical specialties.

2. If an
insurer intends to cancel, terminate or otherwise not renew a specific policy
of professional liability insurance that it has issued to a practitioner who is
practicing in one or more of the essential medical specialties designated by
the Commissioner:

(a) The insurer
must provide 120 days notice to the practitioner before its intended action
becomes effective; and

(b) The
Commissioner may require the insurer to delay its intended action for a period
of not more than 60 days if the Commissioner determines that a replacement
policy is not readily available to the practitioner.

3. If an
insurer intends to cancel, terminate or otherwise not renew all policies of
professional liability insurance that it has issued to practitioners who are
practicing in one or more of the essential medical specialties designated by
the Commissioner:

(a) The insurer
must provide 120 days notice of its intended action to the Commissioner and
the practitioners before its intended action becomes effective; and

(b) The
Commissioner may require the insurer to delay its intended action for a period
of not more than 60 days if the Commissioner determines that replacement
policies are not readily available to the practitioners.

4. The
Commissioner may adopt any regulations that are necessary to carry out the
provisions of this section.

5. Until the
Commissioner determines which, if any, medical specialties are to be designated
as essential medical specialties, the following medical specialties shall be
deemed to be essential medical specialties for the purposes of this section:

(a) Emergency
medicine.

(b) Neurosurgery.

(c) Obstetrics
and gynecology.

(d) Orthopedic
surgery.

(e) Pediatrics.

(f) Trauma
surgery.

Sec. 15. 1. The Commissioner shall collect all information which is pertinent to
monitoring whether an insurer that issues professional liability insurance is
complying with the applicable standards for rates established in NRS 686B.010
to 686B.1799, inclusive. Such information must include, without limitation:

(a) The amount
of gross premiums collected with regard to each medical specialty;

(b) Information
relating to loss ratios;

(c) Information
reported pursuant to NRS 690B.045; and

(d) Information
reported pursuant to NRS 679B.430 and 679B.440.

2. In addition
to the information collected pursuant to subsection 1, the Commissioner may
request any additional information from an insurer:

(a) Whose rates
and credit utilization are materially different from other insurers in the
market for professional liability insurance in this state;

(b) Whose
credit utilization shows a substantial change from the previous year; or

3. If the
Commissioner requests additional information from an insurer pursuant to
subsection 2, the Commissioner shall:

(a) Determine
whether the additional information offers a reasonable explanation for the
results described in paragraphs (a), (b) or (c) of subsection 2; and

(b) Take any
steps permitted by law that are necessary and appropriate to assure the ongoing
stability of the market for professional liability insurance in this state.

4. On an
ongoing basis, the Commissioner shall:

(a) Analyze and
evaluate the information collected pursuant to this section to determine trends
in and measure the health of the market for professional liability insurance in
this state; and

(b) Prepare and
submit a report of his findings and recommendations to the Director of the
Legislative Counsel Bureau for transmittal to members of the Legislature on or
before November 15 of each year.

Sec. 16. 1. If an agreement settles a claim or action against a practitioner for
a breach of his professional duty toward a patient, the following terms of the
agreement must not be made confidential:

(a) The names
of the parties;

(b) The date of
the incidents or events giving rise to the claim or action;

(c) The nature
of the claim or action as set forth in the complaint and the answer that is
filed with the district court; and

(d) The
effective date of the agreement.

2. Any
provision of an agreement to settle a claim or action that conflicts with this
section is void.

Sec. 17. 1. The Commissioner of Insurance shall
conduct a study to determine whether legislation enacting tort reform has
benefited or will benefit the market for professional liability insurance in
this state. On or before February 1, 2005, the Commissioner shall prepare a
report that contains the findings of the study and submit the report to the
Director of the Legislative Counsel Bureau for transmittal to the 73rd Session
of the Nevada Legislature.

2. If the constitutionality of any legislation enacting
tort reform is upheld by the Nevada Supreme Court, the Commissioner shall:

(a) Not later than 60 days after the date of the decision of
the Nevada Supreme Court, obtain from each insurer that is offering
professional liability insurance in this state a
rating plan that describes the extent to which the insurer will
incorporate the expected decrease in loss costs into its premiums for
professional liability insurance;

(b) Review and evaluate each such rating plan to determine
whether the rating plan is reasonable;

(c) Prepare a report which summarizes the rating plans and
the evaluations made by the Commissioner and which contains recommendations as
to whether the rating plans should be implemented; and

(d) Submit the report to the Director of the Legislative
Counsel Bureau for transmittal to the next regular session of the Nevada
Legislature following submission of the report.

3. As used in this section, professional
liability insurance means a policy of insurance covering the liability of a
practitioner who provides health care for a breach of his professional duty
toward a patient.

Sec. 18. 1.The provisions of sections 12
and 13 of this act apply only to a policy of professional liability insurance,
as defined in section 11 of this act, which is offered, issued or renewed on or
after October 1, 2003.

2. The provisions of section 16 of this act apply only to a
cause of action which accrues on or after October 1, 2003.

Sec. 19. This act becomes effective:

1. Upon passage and approval for the purposes of adopting
regulations and performing any other preparatory administrative tasks that are
necessary to carry out the provisions of this act; and

2. On October 1, 2003, for all other purposes.

________

CHAPTER 179, SB 123

Senate Bill No. 123Senator Titus

Joint Sponsor: Assemblyman Parks

CHAPTER 179

AN ACT relating to
campaign practices; prohibiting public officers and employees from requesting
or otherwise causing state and local governments to, under certain
circumstances, make an expenditure to support or oppose a ballot question or a
candidate; and providing other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
281 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. Except
as otherwise provided in subsections 4 and 5, a public officer or employee
shall not request or otherwise cause a governmental entity to incur an expense
or make an expenditure to support or oppose:

(a)A ballot question.

(b)A candidate.

2. For the
purposes of paragraph (b) of subsection 1, an expense incurred or an
expenditure made by a governmental entity shall be considered an expense
incurred or an expenditure made in support of a candidate if:

(a) The expense
is incurred or the expenditure is made for the creation or dissemination of a
pamphlet, brochure, publication, advertisement or television programming that
prominently features the activities of a current public officer of the
governmental entity who is a candidate for a state, local or federal elective
office; and

(b) The
pamphlet, brochure, publication, advertisement or television programming
described in paragraph (a) is created or disseminated during the period
specified in subsection 3.

3. The period
during which the provisions of subsection 2 apply to a particular governmental
entity begins when a current public officer of that governmental entity files a
declaration of candidacy or acceptance of candidacy and ends on the date of the
general election, general city election or special election for the office for
which the current public officer of the governmental entity is a candidate.

4. The
provisions of this section do not prohibit the creation or dissemination of, or
the appearance of a candidate in or on, as applicable, a pamphlet, brochure,
publication, advertisement or television programming that:

(a) Is made
available to the public on a regular basis and merely describes the functions
of:

(1) The
public office held by the public officer who is the candidate; or

(2) The
governmental entity by which the public officer who is the candidate is
employed; or

(b) Is created
or disseminated in the course of carrying out a duty of:

(1) The
public officer who is the candidate; or

(2) The
governmental entity by which the public officer who is the candidate is
employed.

5. The
provisions of this section do not prohibit an expense or an expenditure
incurred to create or disseminate a television program that provides a forum
for discussion or debate regarding a ballot question, if persons both in
support of and in opposition to the ballot question participate in the
television program.

6. As used in
this section:

(a) Governmental
entity means:

(1) The
government of this state;

(2) An
agency of the government of this state;

(3) A
political subdivision of this state; and

(4) An
agency of a political subdivision of this state.

(b) Pamphlet,
brochure, publication, advertisement or television programming includes,
without limitation, a publication, a public service announcement and any
programming on a television station created to provide community access to
cable television. The term does not include:

(1) A
press release issued to the media by a governmental entity; or

(2) The official website of a governmental
entity.

(c) Political subdivision means a county, city or
any other local government as defined in NRS 354.474.

Sec. 2.NRS 281.431 is hereby amended
to read as follows:

281.431 As used in NRS 281.411 to 281.581, inclusive, and section 1 of this act, unless
the context otherwise requires, the words and terms defined in NRS 281.432 to
281.4375, inclusive, have the meanings ascribed to them in those sections.

Sec. 3.NRS 293.725 is hereby
repealed.

________

κ2003
Statutes of Nevada, Page 927κ

CHAPTER 180, SB 124

Senate Bill No. 124Senator Titus

CHAPTER 180

AN ACT relating to
corporations; requiring certain corporations to provide certain information at
the time of filing the list of officers and directors and to pay a fee under
certain circumstances; and providing other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 78 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. At the time
of submitting any list required pursuant to NRS 78.150, a corporation that
meets the criteria set forth in subsection 2 must submit:

(a) The
statement required pursuant to subsection 3, accompanied by a declaration under
penalty of perjury attesting that the statement does not contain any material
misrepresentation of fact; and

(b) A fee of
$100,000, to be distributed in the manner provided pursuant to subsection 4.

2. A
corporation must submit a statement pursuant to this section if the
corporation, including its parent and all subsidiaries:

(a) Holds 25
percent or more of the share of the market within this state for any product
sold or distributed by the corporation within this state; and

(b) Has had,
during the previous 5-year period, a total of five or more investigations
commenced against the corporation, its parent or its subsidiaries in any
jurisdiction within the United States, including all state and federal
investigations:

(1) Which
concern any alleged contract, combination or conspiracy in restraint of trade,
as described in subsection 1 of NRS 598A.060, or which concern similar
activities prohibited by a substantially similar law of another jurisdiction;
and

(2) Which
resulted in the corporation being fined or otherwise penalized or which
resulted in the corporation being required to divest any holdings or being
unable to acquire any holdings as a condition for the settlement, dismissal or
resolution of those investigations.

3. A
corporation that meets the criteria set forth in subsection 2 shall submit a
statement which includes the following information with respect to each
investigation:

(a) The
jurisdiction in which the investigation was commenced.

(b) A summary
of the nature of the investigation and the facts and circumstances surrounding
the investigation.

(c) If the
investigation resulted in criminal or civil litigation, a copy of all pleadings
filed in the investigation by any party to the litigation.

(d) A summary
of the outcome of the investigation, including specific information concerning
whether any fine or penalty was imposed against the corporation and whether the
corporation was required to divest any holdings
or was unable to acquire any holdings as a condition for the settlement,
dismissal or resolution of the investigation.

holdings or was
unable to acquire any holdings as a condition for the settlement, dismissal or
resolution of the investigation.

4. The fee
collected pursuant to subsection 1 must be deposited in the Attorney Generals
Administration Budget Account and used solely for the purpose of investigating
any alleged contract, combination or conspiracy in restraint of trade, as
described in subsection 1 of NRS 598A.060.

Sec. 2. NRS 78.150 is hereby amended to read as
follows:

78.150 1. A corporation organized pursuant to the
laws of this state shall, on or before the first day of the second month after
the filing of its articles of incorporation with the Secretary of State, file
with the Secretary of State a list, on a form furnished by him, containing:

(a) The name of the corporation;

(b) The file number of the corporation, if known;

(c) The names and titles of the president, secretary,
treasurer and of all the directors of the corporation;

(d) The mailing or street address, either residence or
business, of each officer and director listed, following the name of the
officer or director;

(e) The name and street address of the resident agent
of the corporation; and

(f) The signature of an officer of the corporation
certifying that the list is true, complete and accurate.

2. The corporation shall annually thereafter, on or
before the last day of the month in which the anniversary date of incorporation
occurs in each year, file with the Secretary of State, on a form furnished by
him, an annual list containing all of the information required in subsection 1.

3. Each list required by subsection 1 or 2 must be
accompanied by [a]:

(a) A declaration
under penalty of perjury that the corporation has complied with the provisions
of chapter 364A of NRS.

(b) A
statement as to whether the corporation is a publicly traded company. If the
corporation is a publicly traded company, the corporation must list its Central
Index Key. The Secretary of State shall include on his Internet website the
Central Index Key of a corporation provided pursuant to this paragraph and
instructions describing the manner in which a member of the public may obtain
information concerning the corporation from the Securities and Exchange
Commission.

4. Upon filing the list required by:

(a) Subsection 1, the corporation shall pay to the
Secretary of State a fee of $165.

(b) Subsection 2, the corporation shall pay to the
Secretary of State a fee of $85.

5. The Secretary of State shall, 60 days before the
last day for filing each annual list required by subsection 2, cause to be
mailed to each corporation which is required to comply with the provisions of
NRS 78.150 to 78.185, inclusive, and
section 1 of this act and which has not become delinquent, a
notice of the fee due pursuant to subsection 4 and a reminder to file the
annual list required by subsection 2. Failure of any corporation to receive a
notice or form does not excuse it from the penalty imposed by law.

6. If the list to be filed pursuant to the provisions
of subsection 1 or 2 is defective in any respect or the fee required by
subsection 4 or 8 is not paid, the Secretary of State may return the list for
correction or payment.

7. An annual list for a corporation not in default
which is received by the Secretary of State more than 60 days before its due
date shall be deemed an amended list for the previous
year and must be accompanied by a fee of $85 for filing.

an amended list for the previous year and must be accompanied
by a fee of $85 for filing. A payment submitted pursuant to this subsection
does not satisfy the requirements of subsection 2 for the year to which the due
date is applicable.

8. If the corporation is an association as defined in
NRS 116.110315, the Secretary of State shall not accept the filing required by
this section unless it is accompanied by evidence of the payment of the fee
required to be paid pursuant to NRS 116.31155 that is provided to the
association pursuant to subsection 4 of that section.

Sec. 3. NRS 78.170 is hereby amended to read as
follows:

78.170 1. Each corporation which is required to make a filing and pay the
fee prescribed in NRS 78.150 to 78.185, inclusive, and section 1 of this act and which refuses or
neglects to do so within the time provided shall be deemed in default.

2. For default there must be added to the amount of
the fee a penalty of $50. The fee and penalty must be collected as provided in
this chapter.

Sec. 4. Chapter 80 of NRS is hereby amended by
adding thereto a new section to read as follows:

1. At the time
of submitting any list required pursuant to NRS 80.110, a corporation that
meets the criteria set forth in subsection 2 must submit:

(a) The
statement required pursuant to subsection 3, accompanied by a declaration under
penalty of perjury attesting that the statement does not contain any material
misrepresentation of fact; and

(b) A fee of
$100,000, to be distributed in the manner provided pursuant to subsection 4.

2. A
corporation must submit a statement pursuant to this section if the
corporation, including its parent and all subsidiaries:

(a) Holds 25
percent or more of the share of the market within this state for any product
sold or distributed by the corporation within this state; and

(b) Has had,
during the previous 5-year period, a total of five or more investigations
commenced against the corporation, its parent or its subsidiaries in any
jurisdiction within the United States, including all state and federal
investigations:

(1) Which
concern any alleged contract, combination or conspiracy in restraint of trade,
as described in subsection 1 of NRS 598A.060, or which concern similar
activities prohibited by a substantially similar law of another jurisdiction;
and

(2) Which
resulted in the corporation being fined or otherwise penalized or which
resulted in the corporation being required to divest any holdings or being
unable to acquire any holdings as a condition for the settlement, dismissal or
resolution of those investigations.

3. A
corporation that meets the criteria set forth in subsection 2 shall submit a
statement which includes the following information with respect to each
investigation:

(a) The
jurisdiction in which the investigation was commenced.

(b) A summary
of the nature of the investigation and the facts and circumstances surrounding
the investigation.

(c) If the
investigation resulted in criminal or civil litigation, a copy of all pleadings
filed in the investigation by any party to the litigation.

(d) A summary
of the outcome of the investigation, including specific information concerning
whether any fine or penalty was imposed against the corporation and whether the corporation was required to divest
any holdings or was unable to acquire any holdings as a condition for the
settlement, dismissal or resolution of the investigation.

the corporation and
whether the corporation was required to divest any holdings or was unable to
acquire any holdings as a condition for the settlement, dismissal or resolution
of the investigation.

4. The fee
collected pursuant to subsection 1 must be deposited in the Attorney Generals
Administration Budget Account and used solely for the purpose of investigating
any alleged contract, combination or conspiracy in restraint of trade, as
described in subsection 1 of NRS 598A.060.

Sec. 5. NRS 80.110 is hereby amended to read as
follows:

80.110 1. Each foreign corporation doing business in
this state shall, on or before the first day of the second month after the
filing of its certificate of corporate existence with the Secretary of State,
and annually thereafter on or before the last day of the month in which the
anniversary date of its qualification to do business in this state occurs in
each year, file with the Secretary of State a list, on a form furnished by him,
that contains:

(a) The names of its president, secretary and treasurer
, or [their equivalent,]the equivalent thereof, and all of its
directors;

(b) A designation of its resident agent in this state;
and

(c) The signature of an officer of the corporation.

Each list filed pursuant to this subsection must be
accompanied by a declaration under penalty of perjury that the foreign
corporation has complied with the provisions of chapter 364A of NRS.Each list filed pursuant to this
subsection must also be accompanied by a statement as to whether the
corporation is a publicly traded company. If the corporation is a publicly
traded company, the corporation must list its Central Index Key. The Secretary
of State shall include on his Internet website the Central Index Key of a
corporation provided pursuant to this subsection and instructions describing
the manner in which a member of the public may obtain information concerning
the corporation from the Securities and Exchange Commission.

2. Upon filing:

(a) The initial list required by subsection 1, the
corporation shall pay to the Secretary of State a fee of $165.

(b) Each annual list required by subsection 1, the
corporation shall pay to the Secretary of State a fee of $85.

3. The Secretary of State shall, 60 days before the
last day for filing each annual list required by subsection 1, cause to be
mailed to each corporation required to comply with the provisions of NRS 80.110
to 80.170, inclusive, and section
4 of this act and which has not become delinquent, the blank forms
to be completed and filed with him. Failure of any corporation to receive the
forms does not excuse it from the penalty imposed by the provisions of NRS
80.110 to 80.170, inclusive [.], and section 4 of this act.

4. An annual list for a corporation not in default
which is received by the Secretary of State more than 60 days before its due
date shall be deemed an amended list for the previous year and does not satisfy
the requirements of subsection 1 for the year to which the due date is
applicable.

Sec. 6. NRS 80.150 is hereby amended to read as
follows:

80.150 1. Any corporation which is required to make a filing and pay the
fee prescribed in NRS 80.110 to 80.170, inclusive, and section 4 of this act and which refuses or
neglects to do so within the time provided [,]
is in default.

2. For default there must be added to the amount of
the fee a penalty of $50, and unless the filing is made and the fee and penalty
are paid on or before the first day of the ninth month
following the month in which filing was required, the defaulting corporation by
reason of its default forfeits its right to transact any business within this
state.

before the first day of the ninth month following the month
in which filing was required, the defaulting corporation by reason of its
default forfeits its right to transact any business within this state. The fee
and penalty must be collected as provided in this chapter.

________

CHAPTER 181, SB 134

Senate Bill No. 134Senator Care

CHAPTER 181

AN ACT relating to
gaming; repealing the prohibition on the assignment of the right to periodic
payments of winnings from gaming; and providing other matters properly relating
thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 463.3669 is hereby repealed.

Sec. 2. This act becomes effective upon passage and
approval.

________

CHAPTER 182, SB 139

Senate Bill No. 139Senator Townsend

CHAPTER 182

AN ACT relating to
real estate; making various changes to provisions governing certain real estate
practices; revising provisions governing property management agreements;
revising provisions which require real estate broker-salesmen and real estate
salesmen to disclose in certain advertisements the name of the brokerage with
whom they are associated; revising provisions relating to brokerage agreements
which provide for exclusive agency representation; and providing other matters
properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter
645 of NRS is hereby amended by adding thereto a new section to read as
follows:

Property management agreement means a written contract
between a client and a broker in which the broker agrees to accept valuable
consideration from the client or another person for providing property
management for the client.

Sec.
2. NRS 645.0005 is hereby amended to read as follows:

645.0005 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 645.001 to 645.040,
inclusive, and section 1 of this
act have the meanings ascribed to them in those sections.

645.005 Brokerage agreement means an oral or written
contract between a client and a [licensee]broker in which the [licensee]broker agrees
to accept valuable consideration from the client or another person for
assisting, soliciting or negotiating the sale, purchase, option, rental or
lease of real property. The term
does not include a property management agreement.

Sec. 4. NRS 645.009 is hereby amended to read
as follows:

645.009 Client means a person who has entered into a
brokerage agreement with a [licensee.]broker or a property
management agreement with a broker.

Sec. 5. NRS 645.019 is hereby amended to read
as follows:

645.019 Property management means the physical,
administrative or financial maintenance and management of real property, or the
supervision of such activities for a fee, commission or other compensation or
valuable consideration, pursuant to a [brokerage]property
management agreement.

Sec. 6. NRS 645.315 is hereby amended to read
as follows:

645.315 1. In any advertisement through which a
licensee offers to perform services for which a license is required pursuant to
this chapter, the licensee shall:

(a) If [he]the licensee is a real
estate broker, disclose the name of any brokerage under which [he]the
licensee does business; or

(b) If [he]the licensee is a real
estate broker-salesman or real estate salesman, disclose the name of the [broker]brokerage
with whom [he]the licensee is
associated.

2. [A]If a licensee is a real
estate broker-salesman or real estate salesman , the licensee shall not advertise solely
under [his]the licensees own name
when acting in the capacity as a broker-salesman or salesman. All such
advertising must be done under
the direct supervision of and in the name of the [broker]brokerage
with whom the [broker-salesman or salesman]licensee
is associated.

Sec. 7. NRS 645.320 is hereby amended to read
as follows:

645.320 Every brokerage agreement which includes a
provision for an exclusive [listing]agency representation must:

1. Be in writing.

2. Have set forth in its terms a definite, specified
and complete termination.

3. Contain no provision which requires the client who
signs the brokerage agreement to notify the real estate broker of his intention
to cancel the exclusive features of [that listing]the
brokerage agreement after the termination of the [listing.]brokerage
agreement.

4. Be signed by both the client or his authorized
representative and the [listing agent]broker or his authorized
representative in order to be enforceable.

Sec. 8. NRS 645.6056 is hereby amended to read
as follows:

645.6056 1. A real estate broker who holds a permit
to engage in property management shall not act as a property manager unless the
broker has first obtained a [written brokerage]property
management agreement signed by the broker and the client for whom
the broker will manage the property.

(a) The term of the agreement [;]and, if
the agreement is subject to renewal, provisions clearly setting forth the
circumstances under which the agreement may be renewed and the term of each
such renewal;

(b) A provision for the retention and disposition of
deposits of the tenants of the property during the term of the agreement [;]and, if
the agreement is subject to renewal, during the term of each such renewal;

(c) The fee or compensation to be paid to the broker; [and]

(d) The extent to which the broker may act as the agent
of the client [.]; and

(e) If the
agreement is subject to cancellation, provisions clearly setting forth the
circumstances under which the agreement may be cancelled. The agreement may
authorize the broker or the client, or both, to cancel the agreement with cause
or without cause, or both, under the circumstances set forth in the agreement.

Sec. 9. NRS 645.630 is hereby amended to read
as follows:

645.630 The Commission may require a licensee,
property manager or owner-developer to pay an administrative fine of not more
than $5,000 for each violation he commits or suspend, revoke, deny the renewal
of or place conditions upon his license, permit or registration, or impose any
combination of those actions, at any time if the licensee, property-manager or
owner-developer has, by false or fraudulent representation, obtained a license,
permit or registration, or the licensee, property manager or owner-developer,
whether or not acting as such, is found guilty of:

1. Making any material misrepresentation.

2. Making any false promises of a character likely to
influence, persuade or induce.

3. Accepting a commission or valuable consideration as
a real estate broker-salesman or salesman for the performance of any of the
acts specified in this chapter or chapter 119 or 119A of NRS from any person
except the licensed real estate broker with whom he is associated or the
owner-developer by whom he is employed.

4. Representing or attempting to represent a real
estate broker other than the broker with whom he is associated, without the
express knowledge and consent of the broker with whom he is associated.

5. Failing to maintain, for review and audit by the
Division, each brokerage agreement and
property management agreement governed by the provisions of this
chapter and entered into by the licensee.

6. Failing, within a reasonable time, to account for
or to remit any money which comes into his possession and which belongs to
others.

7. If he is required to maintain a trust account:

(a) Failing to balance the trust account at least
monthly; and

(b) Failing to submit to the Division an annual
accounting of the trust account as required in NRS 645.310.

8. Commingling the money or other property of his
clients with his own or converting the money of others to his own use.

9. In the case of a broker-salesman or salesman,
failing to place in the custody of his licensed broker or owner-developer, as
soon as possible, any deposit or other money or consideration entrusted to him
by any person dealing with him as the representative of his licensed broker.

10. Accepting other than cash as earnest money unless
that fact is communicated to the owner before his acceptance of the offer to
purchase and that fact is shown in the receipt for the earnest money.

11. Upon acceptance of an agreement, in the case of a
broker, failing to deposit any check or cash received as earnest money before
the end of the next banking day unless otherwise provided in the purchase
agreement.

12. Inducing any party to a brokerage agreement, property management agreement, agreement
of sale or lease to break it in order to substitute a new
brokerage agreement, property
management agreement, agreement of sale or lease with the same or
another party if the inducement to make the substitution is offered to secure
personal gain to the licensee or owner-developer.

If discipline is imposed pursuant to this section, the costs
of the proceeding, including investigative costs and attorneys fees, may be
recovered by the [Board.]Division.

Sec. 10. NRS 645.633 is hereby amended to read
as follows:

645.633 1. The Commission may take action pursuant to
NRS 645.630 against any person subject to that section who is guilty of:

(a) Willfully using any trade name, service mark or
insigne of membership in any real estate organization of which the licensee is
not a member, without the legal right to do so.

(b) Violating any order of the Commission, any
agreement with the Division, any of the provisions of this chapter, chapter
116, 119, 119A, 119B, 645A or 645C of NRS or any regulation adopted [thereunder.]pursuant
thereto.

(c) Paying a commission, compensation or a finders fee
to any person for performing the services of a broker, broker-salesman or
salesman who has not secured his license pursuant to this chapter. This
subsection does not apply to payments to a broker who is licensed in his state
of residence.

(d) A felony, or has entered a plea of guilty, guilty
but mentally ill or nolo contendere to a charge of felony or any crime involving
fraud, deceit, misrepresentation or moral turpitude.

(e) Guaranteeing, or having authorized or permitted any
person to guarantee, future profits which may result from the resale of real
property.

(f) Failure to include a fixed date of expiration in
any written brokerage agreement or failure
to leave a copy of [the]such a brokerage
agreement or any property
management agreement with the client.

(g) Accepting, giving or charging any undisclosed
commission, rebate or direct profit on expenditures made for a client.

(h) Gross negligence or incompetence in performing any
act for which he is required to hold a license pursuant to this chapter,
chapter 119, 119A or 119B of NRS.

(i) Any other conduct which constitutes deceitful,
fraudulent or dishonest dealing.

(j) Any conduct which took place before he became
licensed, which was in fact unknown to the Division and which would have been
grounds for denial of a license had the Division been aware of the conduct.

(k) Knowingly permitting any person whose license has
been revoked or suspended to act as a real estate broker, broker-salesman or
salesman, with or on behalf of the licensee.

(l) Recording or causing to be recorded a claim
pursuant to the provisions of NRS 645.8701 to 645.8811, inclusive, that is
determined by a district court to be frivolous and made without reasonable
cause pursuant to NRS 645.8791.

2. The Commission may take action pursuant to NRS
645.630 against a person who is subject to that section for the suspension or
revocation of a real estate brokers, broker-salesmans or salesmans license
issued to him by any other jurisdiction.

3. The Commission may take action pursuant to NRS
645.630 against any person who:

(a) Holds a permit to engage in property management
issued pursuant to NRS 645.6052; and

(b) In connection with any property for which the
person has obtained a [written brokerage agreement to manage the]property management
agreement pursuant to NRS 645.6056:

(1) Is convicted of violating any of the
provisions of NRS 202.470;

(2) Has been notified in writing by the
appropriate governmental agency of a potential violation of NRS 244.360,
244.3603 or 268.4124, and has failed to inform the owner of the property of
such notification; or

(3) Has been directed in writing by the owner of
the property to correct a potential violation of NRS 244.360, 244.3603 or
268.4124, and has failed to correct the potential violation, if such corrective
action is within the scope of the persons duties pursuant to the [written
brokerage]property management agreement.

4. The Division shall maintain a log of any complaints
that it receives relating to activities for which the Commission may take
action against a person holding a permit to engage in property management
pursuant to subsection 3.

5. On or before February 1 of each odd-numbered year,
the Division shall submit to the Director of the Legislative Counsel Bureau a
written report setting forth, for the previous biennium:

(a) Any complaints included in the log maintained by
the Division pursuant to subsection 4; and

(b) Any disciplinary actions taken by the Commission
pursuant to subsection 3.

________

CHAPTER 183, SB 148

Senate Bill No. 148Committee on Government Affairs

CHAPTER 183

AN ACT relating to
the Legislature; providing for joint legislative requesters on the list of
requests for the preparation of legislative measures published by the
Legislative Counsel; and providing other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 218.2475 is hereby amended to
read as follows:

218.2475 1. On July 1 preceding each regular session
of the Legislature, and each week thereafter until the adjournment of the
Legislature sine die, the Legislative Counsel shall prepare a list of all
requests received by him, for the preparation of measures to be submitted to the Legislature.

the Legislature. The requests must be listed numerically by a
unique serial number which must be assigned to the measures by the Legislative
Counsel for the purposes of identification in the order that he received the
requests. Except as otherwise provided in [subsection 3,]subsections
3 and 4, the list must only contain the name of each requester,
the date and a brief summary of the request.

2. The Legislative Counsel Bureau shall make copies of
the list available to the public for a reasonable sum fixed by the Legislative
Commission upon the recommendation of the Director of the Legislative Counsel
Bureau.

3. In preparing the list, the Legislative Counsel
shall:

(a) Not include the name of the Legislator who has
requested the preparation of a measure until:

(1) The particular measure is introduced in the
Legislature; or

(2) The Legislator requests that his name be
disclosed as the requester of the measure,

whichever occurs first.

(b) If a standing or special committee of the
Legislature requests a measure on behalf of a Legislator or organization,
include the name of the standing or special committee and the name of the
Legislator or organization on whose behalf the measure was originally
requested.

4. Upon the
request of a Legislator who has requested the preparation of a measure and
requested that his name be disclosed pursuant to subsection 3, the Legislative
Counsel shall add the name of one or more Legislators from either or both
houses of the Legislature as joint requesters. The Legislative Counsel shall
not add the name of a joint requester to the list until he has received
confirmation of the joint request from the primary requester of the measure and
from the Legislator to be added as a joint requester. The Legislative Counsel
shall remove the name of a joint requester upon receipt of a request to do so
made by the primary requester or the joint requester. The names must appear on
the list in the order in which the names were received by the Legislative
Counsel beginning with the primary requester. The Legislative Counsel shall not
act upon the direction of a joint requester to withdraw the requested measure
or modify its substance until the Legislative Counsel has received confirmation
of the withdrawal or modification from the primary requester. For the purposes
of all limitations on the number of legislative measures that may be requested
by a Legislator, a legislative measure with joint requesters must only be
counted as a request of the primary requester.

________

κ2003
Statutes of Nevada, Page 937κ

CHAPTER 184, SB 150

Senate Bill No. 150Committee on Human Resources and
Facilities

CHAPTER 184

AN ACT relating to
school property; authorizing a school district to sell or lease certain real
property for less than the appraised value under certain circumstances; and
providing other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 393.240 is hereby amended to
read as follows:

393.240 1. Except as otherwise provided in this
section and NRS 393.3251 to 393.3255, inclusive, if the board of trustees
proposes to sell or lease any real property, the board shall appoint one
appraiser. A second appraiser must be appointed by the Superintendent of Public
Instruction.

2. The appraisers shall make a report to the board of
trustees of their findings and determinations of the cash market value of the
property proposed to be sold, or the rental value of the property proposed to
be leased.

3. [No]Except as otherwise provided in this
section and NRS 393.270, no sale or lease of real property may be
made for less than the value fixed by the appraisers, but this requirement does
not apply to a conveyance without charge to another political subdivision.

4. The compensation of each appraiser appointed
pursuant to the provisions of this section must be fixed by the board of
trustees, and is a legal charge against the school district fund.

5. The board of trustees may sell real property
without an independent appraisal if the property is reasonably determined by
the board to have a fair market value of $5,000 or less.

6. If the board of trustees proposes to sell a house
or other structure that is built by pupils enrolled in a program of instruction
offered by a public school in the school district, the report concerning the
cash market value of the house or other structure required to be submitted to
the board of trustees pursuant to the provisions of subsection 2 must be
prepared and submitted by an appraiser appointed by the board.

Sec. 2. NRS 393.270 is hereby amended to read
as follows:

393.270 1.
Except as otherwise provided in NRS 393.247, at the time and
place fixed in the resolution for the meeting of the board of trustees, each
sealed proposal that has been received must, in public session, be opened,
examined and declared by the board. Of the proposals submitted which conform to
all terms and conditions specified in the resolution of intention to sell or to
lease and which are made by responsible bidders, the proposal which is the
highest must be finally accepted, unless a higher oral bid is accepted or the
board rejects all bids.

2. If the real
property is subject to the requirement of an independent appraisal pursuant to
NRS 393.240 and the board of trustees does not receive a bid that is at least
equal to the cash market value of the property as determined by the appraisers,
the board of trustees may, at the session held
pursuant to subsection 1 or in an open meeting of the board of trustees held
pursuant to NRS 393.250, amend the resolution, including, without limitation,
setting a time, not less than 3 weeks thereafter, for another public meeting of
the board of trustees to be held at its regular place of meeting, at which
sealed proposals to purchase or lease will again be received and considered.

held pursuant to
subsection 1 or in an open meeting of the board of trustees held pursuant to
NRS 393.250, amend the resolution, including, without limitation, setting a
time, not less than 3 weeks thereafter, for another public meeting of the board
of trustees to be held at its regular place of meeting, at which sealed
proposals to purchase or lease will again be received and considered. If the
board of trustees adopts an amended resolution pursuant to this subsection, the
board shall notice the amended resolution pursuant to NRS 393.260 and proceed in
accordance with the provisions of subsection 1.

3. If the
board of trustees, upon opening the proposals received pursuant to the amended
resolution, does not receive a bid that is at least equal to the cash market
value of the property as determined by the appraisers, the board of trustees
may, at the session held pursuant to the amended resolution or in an open
meeting of the board of trustees held pursuant to NRS 393.250, amend the
resolution a second time, including, without limitation, setting a time, not
less than 3 weeks thereafter, for another public meeting of the board of
trustees to be held at its regular place of meeting, at which sealed proposals
to purchase or lease will again be received and considered. If the board of
trustees adopts an amended resolution pursuant to this subsection, the board
shall notice the amended resolution pursuant to NRS 393.260 and proceed in
accordance with the provisions of subsection 1. Of the proposals received and
considered at the meeting, the board of trustees may finally accept the
proposal which is the highest, even if that proposal is for an amount less than
the cash market value of the property as determined by the appraisers.

Sec. 3. This act becomes effective upon passage and
approval.

________

CHAPTER 185, SB 159

Senate Bill No. 159Senator Rawson

CHAPTER 185

AN ACT relating to
education; deleting the authority of the Western Interstate Commission for
Higher Education to adopt certain regulations; revising certain references to
the members of the Commission from the State of Nevada; and providing other
matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 397.030 is hereby amended to read
as follows:

397.030 1. In furtherance of the provisions contained
in the Compact, there must be three Commissioners from the State of Nevada,
appointed by the Governor.

2. The qualifications and terms of the three Nevada State Commissioners
must be in accordance with Article 4 of the Compact. A Nevada State Commissioner shall hold office
until his successor is appointed and qualified , but
the successors term expires 4 years [from]after the
legal date of expiration of the term of his predecessor.

3. Any Nevada
State Commissioner may be removed from office by the Governor
upon charges and after a hearing.

4. The term of any Nevada State Commissioner who ceases to hold
the required qualifications terminates when a successor is appointed.

Sec. 2. NRS 397.050 is hereby amended to read
as follows:

397.050 1. Money to carry out the provisions of this
chapter must be provided by direct legislative appropriation from the State
General Fund and must be accounted for in the Western Regional Higher Education
Compact Account which is hereby created.

2. The money in the Account may be used by the three Nevada State Commissioners
appointed pursuant to NRS 397.030:

(a) To pay dues to the Western Interstate Commission
for Higher Education.

(b) To meet necessary administrative expenses.

Sec. 3. NRS 397.055 is hereby amended to read
as follows:

397.055 1. Whenever the three Nevada State Commissioners appointed
pursuant to NRS 397.030 are unable to provide contract places for Nevada
residents in graduate or professional schools pursuant to contractual
agreements authorized by Article 8 of the Compact, or the cost of attending a
school within the region is excessive, they may enter into contractual
agreements with the governing authority of any educational institution offering
accredited graduate and professional education outside the region of the
Compact or with any state outside the region.

2. The terms and conditions of any such agreements
must adhere to the same standards which are observed in the selection of
contract places for Nevada residents in graduate or professional schools within
the region.

Sec. 4. NRS 397.060 is hereby amended to read
as follows:

397.060 The three Nevada State Commissioners ,[from the State of Nevada,]acting jointly, shall:

1. Choose from among Nevada residents who apply, and
have at least 1 years residence in this state immediately before applying for
the program, those most qualified for contract places; and

2. Certify them to receiving institutions.

Sec. 5. NRS 397.0615 is hereby amended to
read as follows:

397.0615 Financial support provided to a student who
is chosen by the three Nevada
State Commissioners [from the State of Nevada]to receive such support from the Western Interstate
Commission for Higher Education must be provided in the form of a support fee.
Except as otherwise provided in NRS 397.0617, 25 percent of the support fee is
a loan that the student must repay with interest pursuant to NRS 397.063 or
397.064, as appropriate. Seventy-five percent of the support fee is a stipend
that the student is not required to repay, except as otherwise provided in NRS
397.0653.

Sec. 6. NRS 397.0617 is hereby amended to
read as follows:

397.0617 1. The provisions of this section apply only
to support fees received by a student on or after July 1, 1997.

2. The three Nevada State Commissioners ,[from the State of Nevada,]acting jointly, may require a student who is
certified to study to practice in a profession which could benefit a medically
underserved area of this state, as that term is defined by the Officer of Rural
Health of the University of Nevada School of Medicine, to practice in such an
area or to practice in an area designated by the Secretary of Health and Human
Services:

(b) Pursuant to 42 U.S.C. § 254e, as a health
professional shortage area,

as a condition to receiving a support fee.

3. If a person agrees to practice in a medically
underserved area of this state pursuant to subsection 2 for at least 2 years,
the three Nevada State Commissioners ,[from the State of Nevada,]acting jointly, may forgive the portion of the
support fee designated as the loan of the person.

4. If a person returns to this state but does not
practice in a medically underserved area of this state pursuant to subsection 2
for at least 2 years, the three Nevada
State Commissioners
,[from the State of Nevada,]acting jointly, shall assess a default charge in an
amount not less than three times the portion of the support fee designated as
the loan of the person, plus interest.

5. As used in this section, a profession which could
benefit a medically underserved area of this state includes, without limitation,
dentistry, physical therapy, pharmacy and practicing as a physician assistant.

Sec. 7. NRS 397.062 is hereby amended to read
as follows:

397.062 1. There is hereby created an account in the
State General Fund entitled the Western Interstate Commission for Higher
Educations Account for Miscellaneous Expenses. Any money received by the three
Nevada State Commissioners
[from the State of Nevada]as the proceeds of any penalty or appropriated or
authorized for the purposes of this section must be deposited in this Account.

2. The three Nevada State Commissioners
,[from the State of Nevada,]acting jointly, shall administer the Account and the
money in the Account must be used to:

(a) Pay miscellaneous expenses incurred in
administering the Western Interstate Commission for Higher Educations Fund for
Student Loans; and

(b) Pay expenses incurred in collecting money due the
State from a student loan or a stipend granted from the Western Interstate
Commission for Higher Educations Fund for Student Loans.

Sec. 8. NRS 397.063 is hereby amended to read
as follows:

397.063 1. All contributions from students must be
accounted for in the Western Interstate Commission for Higher Educations Fund
for Student Loans which is hereby created as an enterprise fund.

2. The three Nevada State Commissioners ,[from the State of Nevada,]acting jointly, shall administer the Fund and the
money in the Fund must be used solely to provide:

residents of Nevada who are certified to attend graduate or
professional schools in accordance with the provisions of the Western Regional
Higher Education Compact.

3. Loans from the Western Interstate Commission for
Higher Educations Fund for Student Loans, before July 1, 1985, and loans made
to students classified as continuing students before July 1, 1985, must be made
upon the following terms:

(a) All student loans must bear interest at 5 percent
per annum from the date when the student receives the loan.

(b) Each student receiving a loan must repay the loan
with interest following the termination of his education or completion of his
internship in accordance with the following schedule:

(1) Within 5 years for loans which total less
than $10,000.

(2) Within 8 years for loans which total $10,000
or more but less than $20,000.

(3) Within 10 years for loans which total
$20,000 or more.

(c) No student loan may exceed 50 percent of the
student fees for any academic year.

Sec. 9. NRS 397.064 is hereby amended to read
as follows:

397.064 Loans, from the Western Interstate Commission
for Higher Educations Fund for Student Loans, to students who enter the
program on or after July 1, 1985, must be made upon the following terms:

1. All loans must bear interest at 8 percent per annum
from the first day of the academic term for which the student received the
loan.

2. Except as otherwise provided in NRS 397.0617, each
student receiving a loan must repay the loan with interest following the
termination of his education or completion of his internship for which the loan
is made.

3. The loan must be repaid in monthly installments
over the period allowed, as set forth in subsection 4, with the first
installment due 1 year after the date of the termination of his education or
the completion of his internship for which the loan is made. The amounts of the
installments may not be less than $50 and may be calculated to allow a smaller
payment at the beginning of the repayment period, with each succeeding payment
gradually increasing so that the total amount due will have been paid within
the period allowed for repayment.

4. The three Nevada State Commissioners ,[from the State of Nevada,]acting jointly, shall, or shall delegate to the
Director of the Western Interstate Commission for Higher Education the power
to, schedule the repayment within the following periods:

(a) Five years for loans which total less than $10,000.

(b) Eight years for loans which total $10,000 or more
but less than $20,000.

(c) Ten years for loans which total $20,000 or more.

5. A student loan may not exceed 50 percent of the
student fees for any academic year.

6. A delinquency charge may be assessed on any
installment delinquent 10 days or more in the amount of 8 percent of the
installment or $4, whichever is greater, but not more than $15.

7. The reasonable costs of collection and an
attorneys fee may be recovered in the event of delinquency.

Sec. 10. NRS 397.0645 is hereby amended to
read as follows:

397.0645 1. A student who receives from the Western
Interstate Commission for Higher Education a stipend governed by the provisions
of NRS 397.065 or 397.0653 must repay all state contributions for the stipend
unless he practices, in Nevada, the profession which he was certified to study:

(a) For 3 years, if he entered the program before July
1, 1985;

(b) For 1 year for each academic year he receives a
stipend, if he enters the program after June 30, 1985; or

(c) For 1 year for each 9 months he receives a stipend,
if he enters the program after June 30, 1985, and is enrolled in an accelerated
program that provides more than 1 academic year of
graduate and professional education in 9 months,

provides more than 1 academic year of graduate and
professional education in 9 months,

within 5 years after the completion or termination of his
education, internship or residency for which he receives the stipend.

2. The three Nevada State Commissioners ,[from the State of Nevada,]acting jointly, may adopt regulations which:

(a) Reduce the period of required practice for a person
who practices his profession in a rural area of this state or as an employee of
this state.

(b) Extend the time for completing the required
practice beyond 5 years for a person who is granted an extension because of
hardship.

3. If the period for the required practice is only
partially completed, the Commission may give credit towards repayment of the
stipend for the time the person practiced his profession as required.

Sec. 11. NRS 397.0655 is hereby amended to
read as follows:

397.0655 The three Nevada State Commissioners [from
the State of Nevada]may,
by regulation, delegate to the Director of the Western Interstate Commission
for Higher Education the authority to negotiate the terms of repayment,
including how and when payments will be made on loans or stipends in default.
The three Nevada State Commissioners
may not delegate the authority to reduce the principal balance owing.

Sec. 12. NRS 397.066 is hereby amended to
read as follows:

397.066 The three Nevada State Commissioners ,[from the State of Nevada,]acting jointly, may require:

1. A student to acquire, as security for a stipend or
student loan, insurance on his life and on his health or against his
disability, or both.

2. That a financially responsible person agree to be
jointly liable with the recipient for the repayment of the loan or stipend.

Sec. 13. NRS 397.067 is hereby amended to
read as follows:

397.067 The three Nevada State Commissioners
,[from the State of Nevada,]acting jointly, may, or may delegate to the Director
of the Western Interstate Commission for Higher Education the power to,
require, upon notice to a recipient of a loan, that he repay the balance and
any unpaid interest on the loan at once if:

1. An installment is not paid within 30 days after it
is due;

2. The recipient fails to notify the three Nevada State Commissioners,
within 30 days, of:

(a) A change of name or of the address of his home or
place of practice; or

(b) The termination of his education or completion of
his internship for which he receives the loan; or

3. The recipient fails to comply with any other
requirement or perform any other obligation he is required to perform pursuant
to any agreement under the program.

Sec. 14. NRS 397.068 is hereby amended to
read as follows:

397.068 A recipient of a loan or a stipend under the
program of the Western Interstate Compact for Higher Education shall comply
with the regulations adopted by the Commission or the three Nevada State Commissioners .[from the State of Nevada.]
If he fails so to comply, the three Nevada State Commissioners ,[from the State of Nevada,]acting jointly, may:

1. For each infraction, impose a fine of not more than
$200 against any recipient in any academic year, and may deny additional money
to any student who fails to pay the fine when due;

2. Increase the portion of any future loan to be
repaid by the recipient;

3. Extend the time a recipient is required to practice
his profession to repay his stipend; and

4. Expel him from the program.

Sec. 15. NRS 397.0685 is hereby amended to
read as follows:

397.0685 1. The three Nevada State Commissioners ,[from the State of Nevada,]acting jointly, may, after receiving a written
application stating the reasons therefor, reduce the period of required
practice for the repayment of a stipend under NRS 397.0645 if the applicant:

(a) Has had at least 1 continuous year of practice of
his profession in this state, and practices his profession in a rural area of
this state. The applicants practice in the rural area must be equal to at least
half of the total time spent by the applicant in his professional practice, and
not less than 20 hours per week.

(b) Practices his profession as a full-time employee of
the State of Nevada and has been employed by the State for at least 1
continuous year immediately before his application.

2. Any claim as to practice must be verified.

Sec. 16. NRS 397.069 is hereby amended to
read as follows:

397.069 1. The three Nevada State Commissioners ,[from the State of Nevada,]acting jointly, may after receiving an application
stating the reasons therefor, grant an extension of the period for the
repayment of a loan or a stipend under the program in case of hardship arising
out of the individual circumstances of a recipient. The extension must be for a
period that will reasonably alleviate that hardship.

2. Applications for extensions must be filed within
the time prescribed by regulation of the three Nevada State Commissioners ,[from the State of Nevada,]acting jointly.

Sec. 17. NRS 397.0695 is hereby amended to
read as follows:

397.0695 A person obligated to repay a student loan
may, as determined by the three Nevada
State Commissioners
,[from the State of Nevada,]acting jointly, receive credit towards payment of the
loan for professional services provided without compensation to the State or
any of its political subdivisions.

Sec. 18. NRS 353.357 is hereby amended to
read as follows:

353.357 1. If the three Nevada State Commissioners [from
the State of Nevada]on the
Western Interstate Commission for Higher Education, acting jointly, determine
that current claims against the Western Interstate Commission for Higher
Educations Fund for Student Loans created pursuant to NRS 397.063 exceed the
amount of money available in the Fund to pay the claims because of a delay in
the receipt of revenue due the Fund, the three Nevada State Commissioners may request
from the Director of the Department of Administration a temporary advance from
the State General Fund to the Western Interstate Commission for Higher
Educations Fund for Student Loans for the payment of authorized expenses.

2. If the Director of the Department of Administration
approves a request made pursuant to subsection 1, he shall notify the State
Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau
of that approval.

approval. The State Controller shall draw his warrant upon
receipt of the approval by the Director of the Department of Administration.

3. An advance from the State General Fund is limited
to 50 percent of the revenue expected to be received by the Western Interstate
Commission for Higher Educations Fund for Student Loans in the current fiscal
year from any source other than legislative appropriation.

4. Any money that is temporarily advanced from the
State General Fund pursuant to subsection 2 must be repaid by August 31
following the end of the fiscal year in which the temporary advance is made.

Sec. 19. NRS 397.0605 is hereby repealed.

Sec. 20. This act becomes effective on July 1, 2003.

________

CHAPTER 186, SB 198

Senate Bill No. 198Committee on Finance

CHAPTER 186

AN ACT relating to
state financial administration; clarifying a provision governing advances to
budget accounts supported by administrative assessments; requiring the Director
of the Department of Administration to give certain notices concerning such
advances; and providing other matters properly relating thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 353.359 is hereby amended to
read as follows:

353.359 1. The State Controller shall draw his
warrant, upon application by an agency responsible for the administration of an
account which is wholly or partially supported by administrative assessments
pursuant to NRS 176.059, for not morein the aggregate in any fiscal year than
1/12th [in any month]of
the portion of the total money received in the previous year which represents
the share of administrative assessments presently allocated to the account.

2. An agency shall not apply for an advance pursuant
to subsection 1 unless the application is first approved by the Director of the
Department of Administration.

3. Any money which is advanced from the State General
Fund to an account pursuant to subsection 1[,]must be repaid as soon as the money which the advance
replaced is deposited in the account. If the money deposited in the account in
any fiscal year is insufficient to pay back the money advanced, an amount equal
to the shortfall is hereby contingently appropriated from the State General
Fund to the account.

4. The
Director of the Department of Administration shall notify the Fiscal Analysis
Division of the Legislative Counsel Bureau if:

(a) He
approves an advance pursuant to subsection 2.

(b) The
money deposited in an account in any fiscal year is insufficient to pay back
the money advanced pursuant to subsection 1.

Sec. 2. This act becomes effective upon passage and
approval.

________

κ2003
Statutes of Nevada, Page 945κ

CHAPTER 187, SB 237

Senate Bill No. 237Senators Raggio and Titus

Joint Sponsors: Assemblymen Perkins and Hettrick

CHAPTER 187

AN ACT relating to
taxation; carrying out certain advisory questions relating to funding for
regional transportation; revising the maximum rate, allocation or use of
certain taxes for regional transportation; authorizing certain counties to
impose additional taxes on motor vehicle fuel and to increase certain impact
fees for new development; and providing other matters properly relating
thereto.

[Approved: May 22, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 365.190 is hereby amended to
read as follows:

365.190 1. [Subject to the provisions
of subsection 3, in]In addition to any other
tax provided for in this chapter, there is hereby levied an excise tax of 1.75
cents per gallon on all motor vehicle fuel, except aviation fuel.

2. The tax imposed pursuant to this section must be
collected by the supplier in the manner provided in this chapter. Upon the
collection of the tax by the supplier, the purchaser of the fuel shall provide
to the supplier a statement that sets forth the number of gallons of fuel that
will be sold to retailers in each county in this state. The tax must be paid to
the Department and delivered by the Department to the State Treasurer. When the
tax is paid to the Department, the supplier shall provide to the Department a
copy of the statement provided to the supplier by the purchaser pursuant to
this subsection.

[3. The provisions of this section shall be deemed to be
optional. The board of county commissioners of any county may decline to accept
the additional tax levied pursuant to this section by the adoption of a
resolution passed before July 1, 1947, which must be reconsidered and passed once
each year within 60 days before July 1 of each year as long as the board of
county commissioners desires so to act. Upon the adoption of such a resolution
no tax may be collected.]

Sec. 2. NRS 365.545 is hereby amended to read as
follows:

365.545 1. The proceeds of all taxes on fuel for jet
or turbine-powered aircraft imposed pursuant to the provisions of NRS 365.170
or 365.203 must be deposited in the Account for Taxes on Fuel for Jet or
Turbine-Powered Aircraft in the State General Fund and must be allocated
monthly by the Department to the governmental entity which owns the airport at
which the tax was collected[,]or , if the airport is
privately owned, to the county in which the airport is located.

2. [The money so received must]Except
as otherwise provided in subsection 3, the money allocated pursuant to
subsection 1:

(a) Must be
used by the governmental entity receiving it to pay the cost of:

[(a)](1) Transportation
projects related to airports, including access on the ground to airports;

(2)
The payment of principal and interest on notes, bonds or other
obligations incurred to fund projects described in [paragraph (a);

(c)]subparagraph
(1);

(3)
Promoting the use of an airport, including, without limitation,
increasing the number and availability of flights at the airport;

[(d)](4) Contributing money to
the Trust Fund for Aviation created by NRS 494.048; or

[(e)](5) Any combination of
those purposes[.

3. Money
so received may];
and

(b) May also
be pledged for the payment of general or special obligations issued to fund
projects described in paragraph (a)
.[of subsection 2.

4.]Any money pledged pursuant to [the
provisions of subsection 3]this paragraph may be treated as pledged
revenues of the project for the purposes of subsection 3 of NRS 350.020.

3. Any
money allocated pursuant to subsection 1 to a county whose population is
400,000 or more and in which a regional transportation commission has been
created pursuant to chapter 373 of NRS, from the proceeds of the tax imposed
pursuant to subparagraph (1) of paragraph (b) of subsection 1 of NRS 365.170 on
fuel for jet or turbine-powered aircraft sold, distributed or used in that
county, excluding the proceeds of any tax imposed pursuant to NRS 365.203, may,
in addition to the uses authorized pursuant to subsection 2, be allocated by
the county to that regional transportation commission. The money allocated
pursuant to this subsection to a regional transportation commission:

(a) Must
be used by the regional transportation commission:

(1)
To pay the cost of transportation projects described in a regional plan for
transportation established by that regional transportation commission pursuant
to NRS 373.1161;

(2)
For the payment of principal and interest on notes, bonds or other obligations
incurred to fund projects described in subparagraph (1); or

(3)
For any combination of those purposes; and

(b) May
also be pledged for the payment of general or special obligations issued by the
county at the request of the regional transportation commission to fund
projects described in paragraph (a). Any money pledged pursuant to this
paragraph may be treated as pledged revenues of the project for the purposes of
subsection 3 of NRS 350.020.

Sec. 3. Chapter 373 of NRS is hereby amended
by adding thereto a new section to read as follows:

1. In a county
whose population is 100,000 or more but less than 400,000:

(a) The board
may by ordinance impose:

(1) An
excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in
the county in an amount equal to the sum obtained by multiplying the amount of
the tax imposed pursuant to NRS 365.180 by the lesser of 4.5 percent or the
average percentage of increase in the Consumer Price Index for West Urban
Consumers for the preceding 5 years; and

(2) An
annual increase in the tax imposed pursuant to subparagraph (1), on the first
day of each fiscal year following the fiscal year in which that tax becomes
effective, in an amount equal to the sum of the tax imposed pursuant to NRS 365.180 and the tax imposed
pursuant to subparagraph (1) during the preceding fiscal year, multiplied by
the lesser of 4.5 percent or the average percentage of increase in the Consumer
Price Index for West Urban Consumers for the preceding 5 years.

the tax imposed
pursuant to NRS 365.180 and the tax imposed pursuant to subparagraph (1) during
the preceding fiscal year, multiplied by the lesser of 4.5 percent or the
average percentage of increase in the Consumer Price Index for West Urban
Consumers for the preceding 5 years.

(b) The board
may by ordinance impose:

(1) An
excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in
the county in an amount equal to the sum obtained by multiplying the amount of
the tax imposed pursuant to NRS 365.190 by the lesser of 4.5 percent or the
average percentage of increase in the Consumer Price Index for West Urban
Consumers for the preceding 5 years; and

(2) An
annual increase in the tax imposed pursuant to subparagraph (1), on the first
day of each fiscal year following the fiscal year in which that tax becomes
effective, in an amount equal to the sum of the tax imposed pursuant to NRS
365.190 and the tax imposed pursuant to subparagraph (1) during the preceding
fiscal year, multiplied by the lesser of 4.5 percent or the average percentage
of increase in the Consumer Price Index for West Urban Consumers for the
preceding 5 years.

(c) The board
may by ordinance impose:

(1) An
excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in
the county in an amount equal to the sum obtained by multiplying the amount of
the tax imposed pursuant to NRS 365.192 by the lesser of 4.5 percent or the
average percentage of increase in the Consumer Price Index for West Urban
Consumers for the preceding 5 years; and

(2) An
annual increase in the tax imposed pursuant to subparagraph (1), on the first
day of each fiscal year following the fiscal year in which that tax becomes
effective, in an amount equal to the sum of the tax imposed pursuant to NRS
365.192 and the tax imposed pursuant to subparagraph (1) during the preceding
fiscal year, multiplied by the lesser of 4.5 percent or the average percentage
of increase in the Consumer Price Index for West Urban Consumers for the
preceding 5 years.

(d) If the
board imposes a tax pursuant to paragraph (b) of subsection 1 of NRS 373.030,
the board may by ordinance impose:

(1) An
excise tax on each gallon of motor vehicle fuel, except aviation fuel and
leaded racing fuel, sold in the county in an amount equal to the sum obtained
by multiplying the amount of the tax imposed pursuant to paragraph (b) of
subsection 1 of NRS 373.030 by the lesser of 4.5 percent or the average
percentage of increase in the Consumer Price Index for West Urban Consumers for
the preceding 5 years; and

(2) An
annual increase in the tax imposed pursuant to subparagraph (1), on the first
day of each fiscal year following the fiscal year in which that tax becomes
effective, in an amount equal to the sum of the tax imposed pursuant to
paragraph (b) of subsection 1 of NRS 373.030 and the tax imposed pursuant to
subparagraph (1) during the preceding fiscal year, multiplied by the lesser of
4.5 percent or the average percentage of increase in the Consumer Price Index
for West Urban Consumers for the preceding 5 years.

2. Any
ordinance authorized by this section may be adopted in combination with any
other ordinance authorized by this section. Each tax imposed pursuant to this
section is in addition to any other motor vehicle fuel taxes imposed pursuant
to the provisions of this chapter and chapter 365 of NRS. Upon adoption of an
ordinance authorized by this section, no further action by the board is
necessary to effectuate the annual increases.

(a) Become
effective on the first day of the first calendar quarter beginning not less
than 90 days after the adoption of the ordinance; and

(b) If the
board has created a regional transportation commission in the county, require
the commission:

(1) To
review, at a public meeting conducted after the provision of public notice and
before the effective date of each annual increase imposed by the ordinance:

(I)
The amount of that increase and the accuracy of its calculation;

(II)
The amounts of any annual increases imposed by the ordinance in previous years
and the revenue collected pursuant to those increases;

(III)
Any improvements to the regional system of transportation resulting from
revenue collected pursuant to any annual increases imposed by the ordinance in
previous years; and

(IV)
Any other information relevant to the effect of the annual increases on the
public; and

(2) To
submit to the board any information the commission receives suggesting that the
annual increase should be adjusted.

4. Any
ordinance adopted pursuant to:

(a) Paragraph (a)
of subsection 1 must:

(1) Require
the allocation, disbursement and use in the county of the proceeds of the tax
imposed pursuant to that ordinance in the same proportions and manner as the
allocation, disbursement and use in the county of the proceeds of the tax
imposed pursuant to NRS 365.180; and

(2) Expire
by limitation on the effective date of any increase or decrease in the amount
of the tax imposed pursuant to NRS 365.180 which becomes effective after the
adoption of that ordinance.

(b) Paragraph
(b) of subsection 1 must:

(1) Require
the allocation, disbursement and use in the county of the proceeds of the tax
imposed pursuant to that ordinance in the same proportions and manner as the
allocation, disbursement and use in the county of the proceeds of the tax
imposed pursuant to NRS 365.190; and

(2) Expire
by limitation on the effective date of any increase or decrease in the amount
of the tax imposed pursuant to NRS 365.190 which becomes effective after the
adoption of that ordinance.

(c) Paragraph
(c) of subsection 1 must:

(1) Require
the allocation, disbursement and use in the county of the proceeds of the tax
imposed pursuant to that ordinance in the same proportions and manner as the
allocation, disbursement and use in the county of the proceeds of the tax
imposed pursuant to NRS 365.192; and

(2) Expire
by limitation on the effective date of any increase or decrease in the amount
of the tax imposed pursuant to NRS 365.192 which becomes effective after the
adoption of that ordinance.

(d) Paragraph
(d) of subsection 1 must:

(1) Require
the allocation, disbursement and use in the county of the proceeds of the tax
imposed pursuant to that ordinance in the same proportions and manner as the
allocation, disbursement and use in the county of the proceeds of the tax
imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030; and

(2) Expire
by limitation on the effective date of any subsequent ordinance increasing or
decreasing the amount of the tax imposed in that county pursuant to paragraph
(b) of subsection 1 of NRS 373.030.

Sec. 4. NRS 373.070 is hereby amended to read
as follows:

373.070 Any motor vehicle fuel tax ordinance enacted
under this chapter must include provisions in substance as follows:

1. A provision imposing the additional excise tax and
stating the amount of the tax per gallon of fuel.

2. Provisions identical to those contained in chapter
365 of NRS on the date of enactment of the ordinance, insofar as applicable,
except that the name of the county as taxing agency must be substituted for
that of the State and that an additional suppliers license is not required.

3. A provision that all amendments to chapter 365 of
NRS subsequent to the date of enactment of the ordinance, not inconsistent with
this chapter, automatically become a part of the motor vehicle fuel tax
ordinance of the county.

4. A provision that the county shall contract [prior
to]before the effective date of the county motor
vehicle fuel tax ordinance with the Department to perform all functions
incident to the administration or operation of the motor vehicle fuel tax
ordinance of the county[.], including,
if the ordinance is enacted pursuant to section 3 of this act, the calculation
of each annual increase in the tax imposed pursuant to the ordinance.

Sec. 5. NRS 373.075 is hereby amended to read
as follows:

373.075 Any ordinance amending [the]a motor
fuel tax ordinance enacted
pursuant to this chapter shall include a provision in substance
that the county shall amend the contract made under subsection 4 of NRS 373.070
by a contract made between the county and the State acting by and through the
Department [prior to]before the effective date
of such amendatory ordinance, unless the county determines with the written
concurrence of the commission that no such amendment of the contract is
necessary or desirable.

Sec. 6. NRS 373.090 is hereby amended to read
as follows:

373.090 1. For the purpose of [the]each tax
imposed by an ordinance enacted pursuant to this chapter, motor vehicle fuel is
sold at the place where it is distributed from a terminal.

2. As used in this section, terminal has the meaning
ascribed to it in NRS 365.088.

Sec. 7. NRS 373.110 is hereby amended to read
as follows:

373.110 [1. Except as provided in NRS 373.119,
all]All the net proceeds of the county motor
vehicle fuel tax :

1. Imposed
pursuant to paragraph (b) of subsection 1 of NRS 373.030 or paragraph (d) of
subsection 1 of section 3 of this act which are received by the
county pursuant to NRS 373.080 [shall]must, except as otherwise provided in
NRS 373.119, be deposited by the county treasurer in a fund to be
known as the regional street and highway fund in the county treasury, and
disbursed only in accordance with the provisions of this chapter.

[2.]After
July 1, 1975, the regional street and highway fund must be accounted for as a
separate fund and not as a part of any other fund.

2. Imposed
pursuant to paragraph (a), (b) or (c) of subsection 1 of section 3 of this act
which are received by the county pursuant to NRS 373.080 must be allocated, disbursed and used as provided in
the ordinance imposing the tax.

373.080 must be
allocated, disbursed and used as provided in the ordinance imposing the tax.

Sec. 8. NRS 373.119 is hereby amended to read
as follows:

373.119 1. Except to the extent pledged before July
1, 1985, the board may use that portion of the revenue collected pursuant to
the provisions of this chapter from
any taxes imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030 or
paragraph (d) of subsection 1 of section 3 of this act that
represents collections from the sale of fuel for use in boats at marinas in the
county to make capital improvements or to conduct programs to encourage safety
in boating. If the county does not control a body of water, where an
improvement or program is appropriate, the board may contract with an
appropriate person or governmental organization for the improvement or program.

2. Each marina shall report monthly to the Department
the number of gallons of motor vehicle fuel sold for use in boats. The report
must be made on or before the 25th day of each month for sales during the
preceding month.

Sec. 9. NRS 373.130 is hereby amended to read
as follows:

373.130 1. Money for the payment of the cost of a
project within the area embraced by a regional plan for transportation
established pursuant to NRS 373.1161 may be obtained by the issuance of revenue
bonds and other revenue securities as provided in subsection 2, or, subject to
any pledges, liens and other contractual limitations made pursuant to the
provisions of this chapter, may be obtained by direct distribution from the
regional street and highway fund, except to the extent any such use is
prevented by the provisions of NRS 373.150, or may be obtained both by the
issuance of such securities and by such direct distribution, as the board may
determine. Money for street and highway construction outside the area embraced
by the plan may be distributed directly from the regional street and highway
fund as provided in NRS 373.150.

2. The board may, after the enactment of an ordinance
as authorized by paragraph (b) of
subsection 1 of NRS 373.030[,]or
paragraph (d) of subsection 1 of section 3 of this act, issue
revenue bonds and other revenue securities, on the behalf and in the name of
the county:

(a) The total of all of which, issued and outstanding
at any one time, must not be in an amount requiring a total debt service in
excess of the estimated receipts to be derived from the [tax]taxes imposed
pursuant to the provisions of paragraph
(b) of subsection 1 of NRS 373.030[;]and
paragraph (d) of subsection 1 of section 3 of this act;

(b) Which must not be general obligations of the county
or a charge on any real estate therein; and

(c) Which may be secured as to principal and interest
by a pledge authorized by this chapter of the receipts from the motor vehicle
fuel taxes designated in this chapter, except such portion of the receipts as
may be required for the direct distributions authorized by NRS 373.150.

3. A county is authorized to issue bonds without the
necessity of their being authorized at any election in such manner and with
such terms as provided in this chapter.

4. Subject to the provisions of this chapter, for any
project authorized therein , the board of any county
may, on the behalf and in the name of the county, borrow money, otherwise
become obligated, and evidence obligations by the issuance of bonds and other
county securities, and in connection with the undertaking
or project, the board may otherwise proceed as provided in the Local Government
Securities Law.

connection with the undertaking or project, the board may
otherwise proceed as provided in the Local Government Securities Law.

5. All such securities constitute special obligations
payable from the net receipts of the motor vehicle fuel taxes designated in
this chapter except as otherwise provided in NRS 373.150, and the pledge of
revenues to secure the payment of the securities must be limited to [the]those net
receipts.

6. Except for:

(a) Any notes or warrants which are funded with the
proceeds of interim debentures or bonds;

(b) Any interim debentures which are funded with the
proceeds of bonds;

(c) Any temporary bonds which are exchanged for
definitive bonds;

(d) Any bonds which are reissued or which are refunded;
and

(e) The use of any profit from any investment and
reinvestment for the payment of any bonds or other securities issued pursuant
to the provisions of this chapter,

all bonds and other securities issued pursuant to the
provisions of this chapter must be payable solely from the proceeds of motor
vehicle fuel taxes collected by or remitted to the county pursuant to chapter
365 of NRS, as supplemented by this chapter. Receipts of the taxes levied in
NRS 365.180 and 365.190 and
pursuant to paragraphs (a) and (b) of subsection 1 of section 3 of this act may
be used by the county for the payment of securities issued pursuant to the
provisions of this chapter and may be pledged therefor. If during any period
any securities payable from these tax proceeds are outstanding, the tax receipts
must not be used directly for the construction, maintenance and repair of any
streets, roads or other highways nor for any purchase of equipment therefor,
and the receipts of the tax levied in NRS 365.190 must not be apportioned
pursuant to subsection 2 of NRS 365.560 unless, at any time the tax receipts
are so apportioned, provision has been made in a timely manner for the payment
of such outstanding securities as to the principal of, any prior redemption
premiums due in connection with, and the interest on the securities as they
become due, as provided in the securities, the ordinance authorizing their
issuance, and any other instrument appertaining to the securities.

7. The ordinance authorizing the issuance of any bond
or other revenue security hereunder must describe the purpose for which it is
issued at least in general terms and may describe the purpose in detail. This
section does not require the purpose so stated to be set forth in the detail in
which the project approved by the commission pursuant to subsection 2 of NRS
373.140 is stated, or prevent the modification by the board of details as to
the purpose stated in the ordinance authorizing the issuance of any bond or
other security after its issuance, subject to approval by the commission of the
project as so modified.

Sec. 10. NRS 373.140 is hereby amended to
read as follows:

373.140 1. After the enactment of an ordinance as
authorized in NRS 373.030, all street and highway construction, surfacing or
resurfacing projects in the county which are proposed to be financed from [the]a county
motor vehicle fuel tax imposed
pursuant to paragraph (b) of subsection 1 of NRS 373.030 or paragraph (d) of
subsection 1 of section 3 of this act must first be submitted to
the regional transportation commission.

2. [Where]If the project is within
the area covered by a regional plan for transportation established pursuant to
NRS 373.1161, the commission shall evaluate it in terms of:

(a) The priorities established by the plan;

(b) The relation of the proposed work to other projects
already constructed or authorized;

(c) The relative need for the project in comparison
with others proposed; and

(d) The money available.

If the commission approves the project, the board may
authorize the project, using all or any part of the proceeds of the county
motor vehicle fuel tax authorized [by this chapter,]pursuant
to paragraph (b) of subsection 1 of NRS 373.030 or paragraph (d) of subsection
1 of section 3 of this act, except to the extent any such use is
prevented by the provisions for direct distribution required by NRS 373.150 or
is prevented by any pledge to secure the payment of outstanding bonds, other
securities or other obligations incurred hereunder, and other contractual
limitations appertaining to such obligations as authorized by NRS 373.160, and
the proceeds of revenue bonds or other securities issued or to be issued as
provided in NRS 373.130. Except as otherwise provided in subsection 3, if the
board authorizes the project, the responsibilities for letting construction and
other necessary contracts, contract administration, supervision and inspection
of work and the performance of other duties related to the acquisition of the
project must be specified in written agreements executed by the board and the
governing bodies of the cities and towns within the area covered by a regional
plan for transportation established pursuant to NRS 373.1161.

3. In a county in which two or more governmental
entities are represented on the commission, the governing bodies of those
governmental entities may enter into a written master agreement that allows a
written agreement described in subsection 2 to be executed by only the
commission and the governmental entity that receives funding for the approved
project. The provisions of a written master agreement must not be used until
the governing body of each governmental entity represented on the commission
ratifies the written master agreement.

4. [Where]If the project is outside
the area covered by a plan, the commission shall evaluate it in terms of:

(a) Its relation to the regional plan for
transportation established pursuant to NRS 373.1161 if any;

(b) The relation of the proposed work to other projects
constructed or authorized;

(c) The relative need for the proposed work in relation
to others proposed by the same city or town; and

(d) The availability of money.

If the commission approves the project, the board shall
direct the county treasurer to distribute the sum approved to the city or town
requesting the project, in accordance with NRS 373.150.

5. In counties whose population is less than 100,000,
the commission shall certify the adoption of the plan in compliance with
subsections 2 and 4.

Sec. 11. NRS 373.160 is hereby amended to
read as follows:

373.160 1. The ordinance or ordinances providing for
the issuance of any bonds or other securities issued hereunder payable from the
receipts from the motor vehicle fuel excise taxes herein designated may at the discretion of the board, in addition to covenants and other
provisions authorized in the Local Government Securities Law, contain covenants
or other provisions as to the pledge of and the creation of a lien upon the
receipts of the [tax] taxes collected for the county [hereunder (] pursuant to
paragraph (b) of subsection 1 of NRS 373.030 and paragraph (d) of subsection 1
of section 3 of this act, excluding any tax proceeds to be distributed directly
under the provisions of NRS 373.150 , [)] or the proceeds of the bonds or other
securities pending their application to defray the cost of the project, or both
such tax proceeds and security proceeds, to secure the payment of revenue bonds
or other securities issued hereunder.

discretion of the board, in addition to covenants and other
provisions authorized in the Local Government Securities Law, contain covenants
or other provisions as to the pledge of and the creation of a lien upon the
receipts of the [tax]taxes collected for the
county [hereunder (]pursuant to paragraph (b) of
subsection 1 of NRS 373.030 and paragraph (d) of subsection 1 of section 3 of
this act, excluding any tax proceeds to be distributed directly
under the provisions of NRS 373.150
, [)]or the
proceeds of the bonds or other securities pending their application to defray
the cost of the project, or both such tax proceeds and security proceeds, to
secure the payment of revenue bonds or other securities issued hereunder.

2. If the board determines in any ordinance
authorizing the issuance of any bonds or other securities hereunder that the
proceeds of the [tax]taxes levied and collected
pursuant to [the County Motor Vehicle Fuel Tax Law]paragraph
(b) of subsection 1 of NRS 373.030 and paragraph (d) of subsection 1 of section
3 of this act are sufficient to pay all bonds and securities,
including the proposed issue, from the proceeds thereof, the board may
additionally secure the payment of any bonds or other securities issued
pursuant to the ordinance
hereunder by a pledge of and the creation of a lien upon not only the proceeds
of any motor vehicle fuel
tax authorized at the time of the issuance of such securities to be used for
such payment in subsection 6 of NRS 373.130, but also the proceeds of any such
tax thereafter authorized to be used or pledged , or
used and pledged , for the payment of such
securities, whether such tax be levied or collected by the county, the State of
Nevada, or otherwise, or be levied in at least an equivalent value in lieu of
any such tax existing at the time of the issuance of such securities or be
levied in supplementation thereof.

3. The pledges and liens authorized by subsections 1
and 2 [of this section shall]extend to the proceeds of any tax collected for use
by the county on any motor vehicle fuel so long as any bonds or other
securities issued hereunder remain outstanding and [shall not be]are not limited
to any type or types of motor vehicle fuel in use when the bonds or other
securities [shall be]are issued.

Sec. 12. NRS 377A.020 is hereby amended to read as
follows:

377A.020 1. The board of county commissioners of [any]:

(a) Any county
may enact an ordinance imposing a tax for a public transit system ,[or]for the construction, maintenance and repair of
public roads, for the improvement
of air quality or [both,]for any combination of those purposes pursuant
to NRS 377A.030. [The board of county commissioners of any]

(b) Any county
whose population is less than 400,000 may enact an ordinance imposing a tax to
promote tourism pursuant to NRS 377A.030.

2. An ordinance enacted pursuant to this chapter may
not become effective before a question concerning the imposition of the tax is
approved by a majority of the registered voters of the county voting upon the
question which the board may submit to the voters at any general election. A
county may combine the questions for a public transit system ,[and]for the construction, maintenance and repair of
public roads and for the
improvement of air quality with questions submitted pursuant to
NRS 244.3351, 278.710 or 371.045, or any combination thereof. The board shall
also submit to the voters at a general election any proposal to increase the
rate of the tax or change the previously approved uses for the proceeds of the
tax.

3. Any ordinance enacted pursuant to this section must
specify the date on which the tax must first be imposed or on which an increase
in the rate of the tax becomes effective, which must not be earlier than the
first day of the second calendar month following the approval of the question
by the voters.

Sec. 13. NRS 377A.030 is hereby amended to read as
follows:

377A.030 Except as otherwise provided in NRS 377A.110,
any ordinance enacted under this chapter must include provisions in substance
as follows:

1. A provision imposing a tax upon retailers at the
rate of not more than:

(a) For a tax to promote tourism, one-quarter of 1
percent; or

(b) For a tax to establish and maintain a public
transit system ,[or]for the construction, maintenance and repair of
public roads, for the improvement
of air quality or [both,]for any combination of those purposes, one-half
of 1 percent,

of the gross receipts of any retailer from the sale of all
tangible personal property sold at retail, or stored, used or otherwise
consumed, in a county.

2. Provisions substantially identical to those
contained in chapter 374 of NRS, insofar as applicable.

3. A provision that all amendments to chapter 374 of
NRS after the date of enactment of the ordinance, not inconsistent with this
chapter, automatically become a part of [an ordinance imposing the
tax for public mass transportation and construction of public roads or the tax
to promote tourism in the county.]the ordinance.

4. A provision that the county shall contract before
the effective date of the ordinance with the Department to perform all
functions incident to the administration or operation of the tax in the county.

5. A provision that exempts from the tax or any increase in
the tax the gross receipts from the sale of, and the storage, use or other
consumption in a county of, tangible personal property used for the performance
of a written contract for the construction of an improvement to real property,
entered into on or before the effective date of the tax or the increase in the
tax, or for which a binding bid was submitted before that date if the bid was
afterward accepted, if under the terms of the contract or bid the contract
price or bid amount cannot be adjusted to reflect the imposition of the tax or
the increase in the tax.

Sec. 14. NRS 377A.070 is hereby amended to read as
follows:

377A.070 1. The county treasurer shall deposit the
money received from the State Controller pursuant to NRS 377A.050 for a public
transit system ,[or]for the construction, maintenance and repair of
public roads, for the improvement
or air quality or [both,]for any combination of those purposes in
the county treasury for credit to a fund to be known as the public transit
fund.

2. The public transit fund must be accounted for as a
separate fund and not as a part of any other fund.

Sec. 15. NRS 377A.080 is hereby amended to
read as follows:

377A.080 1. In any county in which a tax for a public
transit system ,[or]for the construction, maintenance and repair of
public roads, for the improvement
of air quality or [both,]for any combination of those purposes has
been imposed, the board shall by ordinance create a regional transportation
commission pursuant to chapter 373 of NRS if one has not already been created
under that chapter. [Where]If a regional
transportation commission has already been created under
that chapter, that commission may also exercise the powers conferred by this
section.

commission has already been created under that chapter, that
commission may also exercise the powers conferred by this section.

2. The regional transportation commission may:

(a) Appropriate money in the public transit fund
accumulated by a county to provide a public transit system for that county if
the system is included in a regional transportation plan adopted by the
regional transportation commission;

(b) Appropriate money to provide transportation or to
support agencies which are providing transportation for the elderly and persons
with disabilities, if the services are consistent with the regional
transportation plan;

(c) Provide for or perform all functions incident to
the administration and operation of the public transit system, including the
establishment of fares for the system; and

(d) Adopt regulations for the operation of systems or services
provided by the commission and for systems or services financed by the
commission and provided by an agency or a private contractor.

3. The commission may draw money out of the public
transit fund only for:

(a) The establishment and maintenance of a public
transit system for the county and for the support of other activities, services
and programs related to transportation which are included in a regional
transportation plan adopted by the commission;

(b) The construction, maintenance and repair of public
roads;

(c) The
distribution of money to the local air pollution control agency which
administers the program established in the county pursuant to NRS 445B.500, to
support activities, services and programs related to the improvement of air quality;

(d) The
payment of principal and interest on notes, bonds or other securities issued to
provide [funds]money for the cost of
projects described in paragraphs (a) [and (b); or

(d)], (b)
and (c); or

(e) Any
combination of those purposes.

Sec. 16. NRS 377A.090 is hereby amended to read as
follows:

377A.090 1. Money for the payment of the cost of
establishing and maintaining a public transit system ,[or]for the construction, maintenance and repair of
public roads, for the improvement
of air quality or [both,]for any combination of those purposes may
be obtained by the issuance of bonds and other securities as provided in
subsection 2, or, subject to any pledges, liens and other contractual
limitations made pursuant to this chapter, may be obtained by direct
distribution from the public transit fund, or may be obtained both by the
issuance of such securities and by such direct distribution as the board may
determine.

2. The board may, after the enactment of an ordinance [imposing
a tax for a public transit system or for the construction, maintenance and
repair of public roads, or both, as]authorized by paragraph (a) of subsection 1 of NRS 377A.020,
from time to time issue bonds and other securities, which are general or
special obligations of the county and which may be secured as to principal and
interest by a pledge authorized by this chapter of the receipts from the tax [for
a public transit system or for the construction, maintenance and repair of
public roads, or both.]imposed by that ordinance.

3. The ordinance authorizing the issuance of any bond or
other security must describe the purpose for which it is issued.

Sec. 17. NRS 377A.100 is hereby amended to read as
follows:

377A.100 1. Each ordinance providing for the issuance
of any bond or security issued under this chapter payable from the receipts of
the tax [for a public transit system or for the construction,
maintenance and repair of public roads, or both,]imposed
pursuant to paragraph (b) of subsection 1 of NRS 377A.030 may, in
addition to covenants and other provisions authorized in the Local Government
Securities Law, contain a covenant or other provision to pledge and create a
lien upon the receipts of the tax or upon the proceeds of any bond or security
pending their application to defray the cost of establishing or operating a
public transit system, constructing,
maintaining or repairing public roads or improving air quality, or
both tax proceeds and security proceeds, to secure the payment of any bond or
security issued under this chapter.

2. Any money pledged to the payment of bonds or other
securities pursuant to subsection 1 may be treated as pledged revenues of the
project for the purposes of subsection 3 of NRS 350.020.

Sec. 18. NRS 377A.110 is hereby amended to read as
follows:

377A.110 1. Subject to the provisions of subsection
2, the board may gradually reduce the amount of any tax imposed pursuant to this chapter for a
public transit system , [or]for the construction, maintenance and repair of
public roads, for the improvement
of air quality or [both,]for any combination of those purposes as
revenue from the operation of [the public transit system]those
projects permits.

2. No such taxing ordinance may be repealed or amended or
otherwise directly or indirectly modified in such a manner as to impair any
outstanding bonds issued under this chapter, or other obligations incurred
under this chapter, until all obligations, for which revenues from the
ordinance have been pledged or otherwise made payable from such revenues
pursuant to this chapter, have been discharged in full, but the board may at
any time dissolve the regional transportation commission and provide that no
further obligations be incurred thereafter.

Sec. 19. NRS 278.710 is hereby amended to
read as follows:

278.710 1. A board of county commissioners may by
ordinance, but not as in a case of emergency, impose a tax for the improvement
of transportation on the privilege of new residential, commercial, industrial
and other development pursuant to paragraph (a) or (b) as follows:

(a) After receiving the approval of a majority of the
registered voters of the county voting on the question at a special election or
the next primary or general election, the board of county commissioners may
impose the tax throughout the county, including any such development in
incorporated cities in the county. A county may combine this question with a
question submitted pursuant to NRS 244.3351, 371.045 or 377A.020, or any
combination thereof.

(b) After receiving the approval of a majority of the
registered voters who reside within the boundaries of a transportation district
created pursuant to NRS 244A.252, voting on the question at a special or
general district election or primary or general state election, the board of
county commissioners may impose the tax within the boundaries of the district.
A county may combine this question with a question submitted pursuant to NRS
244.3351.

2. A special election may be held only if the board of
county commissioners determines, by a unanimous vote, that an emergency exists.
The determination made by the board of county commissioners is conclusive
unless it is shown that the board acted with fraud or a gross abuse of
discretion. An action to challenge the determination made by the board must be
commenced within 15 days after the boards determination is final. As used in
this subsection, emergency means any unexpected occurrence or combination of
occurrences which requires immediate action by the board of county
commissioners to prevent or mitigate a substantial financial loss to the county
or to enable the board of county commissioners to provide an essential service
to the residents of the county.

3. The tax imposed pursuant to this section must be at
such a rate and based on such criteria and classifications as the board of
county commissioners determines to be appropriate. Each such determination is
conclusive unless it constitutes an arbitrary and capricious abuse of
discretion, but the tax imposed must not :

(a) For
any fiscal year beginning:

(1)
Before July 1, 2003, exceed $500 ;

(2)
On or after July 1, 2003, and before July 1, 2005, exceed $650;

(3)
On or after July 1, 2005, and before July 1, 2010, exceed $700;

(4)
On or after July 1, 2010, and before July 1, 2015, exceed $800;

(5)
On or after July 1, 2015, and before July 1, 2020, exceed $900; or

(6)
On or after July 1, 2020, exceed $1,000,

per single-family dwelling unit of new residential
development, or the equivalent thereof as determined by the board of county
commissioners[,
or 50 cents]; or

(b) For
any fiscal year beginning:

(1)
Before July 1, 2003, $0.50;

(2)
On or after July 1, 2003, and before July 1, 2005, exceed $0.65;

(3)
On or after July 1, 2005, and before July 1, 2010, exceed $0.75;

(4)
On or after July 1, 2010, and before July 1, 2015, exceed $0.80;

(5)
On or after July 1, 2015, and before July 1, 2020, exceed $0.90; or

(6)
On or after July 1, 2020, exceed $1.00,

per square foot on other new development.

4. If
so provided in [the ordinance,]an ordinance adopted pursuant to this
section, a newly developed lot for a mobile home must be
considered a single-family dwelling unit of new residential development.

[4.]5. The tax imposed
pursuant to this section must be collected before the time a certificate of
occupancy for a building or other structure constituting new development is
issued, or at such other time as is specified in the ordinance imposing the
tax. If so provided in the ordinance, no certificate of occupancy may be issued
by any local government unless proof of payment of the tax is filed with the
person authorized to issue the certificate of occupancy. Collection of the tax
imposed pursuant to this section must not commence earlier than the first day
of the second calendar month after adoption of the ordinance imposing the tax.

[5.]6. In a county in which a
tax has been imposed pursuant to paragraph (a) of subsection 1, the revenue
derived from the tax must be used exclusively to pay the cost of:

(a) Projects related to the construction and
maintenance of sidewalks, streets, avenues, boulevards, highways and other
public rights-of-way used primarily for vehicular traffic, including, without
limitation, overpass projects, street projects and underpass projects, as
defined in NRS 244A.037, 244A.053 and 244A.055, respectively:

(1) Within the boundaries of the county;

(2) Within 1 mile outside the boundaries of the
county if the board of county commissioners finds that such projects outside
the boundaries of the county will facilitate transportation within the county;
or

(3) Within 30 miles outside the boundaries of
the county and the boundaries of this state, where those boundaries are
coterminous, if:

(I) The projects consist of improvements
to a highway which is located wholly or partially outside the boundaries of
this state and which connects this state to an interstate highway; and

(II) The board of county commissioners
finds that such projects will provide a significant economic benefit to the
county;

(b) The principal and interest on notes, bonds or other
obligations incurred to fund projects described in paragraph (a); or

(c) Any combination of those uses.

[6.]7. In a transportation district in which a tax has been
imposed pursuant to paragraph (b) of subsection 1, the revenue derived from the
tax must be used exclusively to pay the cost of:

(a) Projects related to the construction and
maintenance of sidewalks, streets, avenues, boulevards, highways and other
public rights-of-way used primarily for vehicular traffic, including, without
limitation, overpass projects, street projects and underpass projects, as
defined in NRS 244A.037, 244A.053 and 244A.055, respectively, within the
boundaries of the district or within such a distance outside those boundaries
as is stated in the ordinance imposing the tax, if the board of county commissioners
finds that such projects outside the boundaries of the district will facilitate
transportation within the district;

(b) The principal and interest on notes, bonds or other
obligations incurred to fund projects described in paragraph (a); or

(c) Any combination of those uses.

[7.]8. The county may expend
the proceeds of the tax authorized by this section, or any borrowing in
anticipation of the tax, pursuant to an interlocal agreement between the county
and the regional transportation commission of the county with respect to the
projects to be financed with the proceeds of the tax.

[8.]9. The provisions of
chapter 278B of NRS and any action taken pursuant to that chapter do not limit
or in any other way apply to any tax imposed pursuant to this section.

Sec. 20. Chapter 278B of NRS is hereby
amended by adding thereto a new section to read as follows:

1. The
governing body of a local government which imposes an impact fee to pay the
cost of constructing a street project may include a provision in the ordinance
imposing the impact fee or adopt a separate ordinance providing that each year
in which the governing body does not adopt any revisions to the land use
assumptions or capital improvements plan or otherwise increase the impact fee,
the current amount of the impact fee is cumulatively increased:

(a) By a
percentage equal to the average percentage of increase in the Consumer Price
Index for West Urban Consumers for the preceding 5 years; or

(b) By 4.5
percent,

whichever is less.

2. Upon
inclusion of a provision in the ordinance imposing the impact fee or the
adoption of a separate ordinance authorized by subsection 1, no further action
by the governing body is necessary to effectuate the annual increases.

3. Each
increase authorized pursuant to this section becomes effective 1 year after:

(a) The date
upon which the impact fee initially becomes effective;

(b) The date
the governing body adopts a revised capital improvements plan; or

(c) The
effective date of any previous increase in the impact fee pursuant to this
section,

whichever occurs
last.

Sec. 21. NRS 278B.230 is hereby amended to
read as follows:

278B.230 1. The impact fee per service unit , excluding the amount of any increase
authorized pursuant to section 20 of this act, must not exceed
the amount determined by dividing the costs of the capital improvements
described in subsection 3 of NRS 278B.170 by the total number of projected
service units described in subsection 6 of NRS 278B.170.

2. If the number of new service units projected over a
period is less than the total number of new service units shown by the approved
land use assumptions at full development of the service area, the maximum
impact fee which may be charged per service unit , excluding the amount of any increase authorized pursuant
to section 20 of this act, must be calculated by dividing the
costs of the part of the capital improvements required by the new service units
described in subsection 7 of NRS 278B.170 by the projected new service units
described in that subsection.

3. The impact fee may be collected at the same time as
the fee for issuance of a building permit for the service unit or at the time a
certificate of occupancy is issued for the service unit, as specified in the
ordinance.

Sec. 22. 1. The approval by the voters on November
5, 2002, of Advisory Question No. 10, concerning transportation, on the 2002
general election ballot for Clark County shall be deemed to constitute approval
by the voters of the taxes authorized by the provisions of NRS 278.710, as
amended by this act, and paragraph (b) of subsection 1 of NRS 377A.030, as
amended by this act. No other approval by the voters is required for the
imposition of those taxes in Clark County, including its incorporated cities,
at the following rates:

(a) Pursuant to NRS 278.710:

(1) For each fiscal year beginning:

(I) On or after July 1, 2003, and before July
1, 2005, $650;

(II) On or after July 1, 2005, and before July
1, 2010, $700;

(III) On or after July 1, 2010, and before July
1, 2015, $800;

(IV) On or after July 1, 2015, and before July
1, 2020, $900; and

(V) On or after July 1, 2020, $1,000,

per single-family dwelling of new residential development, or the
equivalent thereof as determined by the board of county commissioners; and

(1) One-half of 1 percent of the gross receipts of
any retailer from the sale of all tangible personal property sold at retail, or
stored, used or otherwise consumed in the county, until:

(I) The last day of the fiscal year during
which the Department of Taxation determines that the cumulative total proceeds
of the tax imposed at that rate equal or exceed $1.7 billion; or

(II) June 30, 2028,

whichever occurs earlier; and

(2) Three-eighths of 1 percent of the gross receipts
of any retailer from the sale of all tangible personal property sold at retail,
or stored, used or otherwise consumed in the county, during each subsequent
fiscal year.

2. The approval by the voters on November 5, 2002, of
Advisory Question No. 2, concerning transportation, on the 2002 general
election ballot for Washoe County shall be deemed to constitute approval by the
voters of an increase in the rate of the tax imposed pursuant to paragraph (b)
of subsection 1 of NRS 377A.030, as amended by this act, to three-eighths of 1
percent of the gross receipts of any retailer from the sale of all tangible
personal property sold at retail, or stored, used or otherwise consumed in the
county. No other approval by the voters is required for the imposition of that
increase in the rate of that tax in Washoe County, including its incorporated
cities.

3. If at any time after November 5, 2002, and before the
effective date of this act, another county obtains approval by the voters of a
measure which complies with the provisions of NRS 278.710 for the tax
authorized by that section, as amended by this act, that approval shall be
deemed to constitute approval of the tax specified on the ballot and no other
approval by the voters is required for imposition of that tax at the rate or
rates specified on that ballot.

Sec. 23. If any provision of this act, or the
application thereof to any person, thing or circumstance is held invalid, such
invalidity does not affect the provisions or applications of this act which can
be given effect without the invalid provision or application, and to this end
the provisions of this act are hereby declared to be severable.